– The case was an appeal from a decision of the High Court of Accra, which dismissed a suit for a declaration of title to a piece of land in Kumasi¹².
– The appellant, Kwao, was the maternal uncle and guardian of Abotsi, an infant. He claimed that he inherited the land from his mother, who was the sister of Abotsi’s father. He alleged that the respondent, Nortey, had trespassed on the land and sold part of it to two co-respondents. He sought a declaration of title and an injunction against the respondents¹².
– The respondent denied the appellant’s claim and contended that he was the owner of the land by virtue of a previous judgment of the High Court in 1930, which held that he and his co-defendants had acquired the land by adverse possession. He also argued that the appellant was estopped by the 1930 judgment from asserting any title to the land¹².
– The High Court, per Smith J., dismissed the appellant’s suit and upheld the respondent’s defence. The court held that the 1930 judgment was binding on the parties and that the appellant had no title to the land. The court also held that the appellant had failed to prove his alleged inheritance from his mother or any possession of the land¹².
– The appellant appealed to the Court of Appeal, which dismissed the appeal and affirmed the decision of the High Court. The court held that there was no error in law or fact in the 1930 judgment and that it was conclusive on the issue of title. The court also held that there was no evidence to support the appellant’s claim of inheritance or possession¹².
– The relevance of the case is that it shows how the legal system in Ghana deals with the issue of estoppel by judgment and res judicata in civil cases, especially in relation to land disputes. It also illustrates how the courts apply the doctrine of adverse possession and its effect on title to land.
(1) Equity & Succession LAW I Course Outline – GHANA INSTITUTE OF … – Studocu. https://www.studocu.com/row/document/kwame-nkrumah-university-of-science-and-technology/law-of-immovable-property/equity-succession-law-i-course-outline/20449832.
(2) Estoppel by Judicial Decision in Ghana | Journal of African Law …. https://www.cambridge.org/core/journals/journal-of-african-law/article/abs/estoppel-by-judicial-decision-in-ghana/D916B6F56E786A649E42F56302BD1B9A.
(3) ABOTSI (AN INFANT), IN RE; KWAO V. NORTEY AND OTHERS. https://lite.judy.legal/amp/case/abotsi-an-infant-re-kwao-v-nortey-others-c53dc.
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