[2010]DLSC2582 • May 26, 2010 • Supreme Court •
OKWEI NOI MENSAH vs. THE ADMINISTRATORS OF ESTATE OF STEPHEN EBENEZER LARYEA AND MADAM CHARITY SEDATOR
The plaintiff, successor in title to Okwei Noi Mensah, claimed ownership of a parcel of land at La, Abafum Quarter, challenging prior judgments and land title certificates held by the defendants. The dispute arose from a 1961 High Court judgment by Justice Annie Jiagge against Okwei Noi Mensah, which was not appealed. The plaintiff contended that this judgment was superseded by a 1963 Supreme Court decision (Nyamalor case) that overruled the authorities relied upon by Justice Jiagge, rendering the defendants' deed of gift and land title certificate null and void. The defendants argued estoppel per rem judicatam, relying on the unappealed 1962 judgment.
read moreYEBOAH, JSC: The plaintiff/appellant/appellant (who shall be referred to as the plaintiff) commenced an action against the defendant/respondent/respondent (who shall be referred to as the defendant) in respect of a piece or parcel of the land at La forming part of the La, Abafum Quarter Lands claiming the following reliefs: 1. Declaration that the land in dispute in the two (2) judgments of I. judgment in suit N0L132/1961 (High Court- presided over by Mrs. Justice Annie Jiagge) and ii. judgment in Civil Appeal N014/1962 (Supreme Court – presided over by Korsah (CJ), Crabbe (JSC) touch and concern two parcels of the same contiguous stretch of land described as La, Abafum Quarter Lands. 2. Declaration that the Supreme Court’s unanimous judgments entered on the 13th March 1963 in Civil Appeal suit N014/1962 reversed, overruled and superseded the High Court Judgment by Mrs. Annie Jiagge dated 23rd March 1962 in suit N0L132/1961. 3. Declaration that on the legal aut...