[2018]DLSC262 • March 21, 2018 • Supreme Court
THOMAS FOSU-TWUM AND DR. T. A. OSAE vs. THEOPHILUS NORTEY
JUDGMENT ADINYIRA (MRS), JSC: This appeal is against a judgment of the Court of Appeal dated 6 February 2013 which reversed the judgment of a High Court delivered on 21 October 2010.The issue for resolution at the High Court was one of competing titles to a plot of land covering an approximate area of 0.18 acres leased to the parties before us by feuding claimants of a larger tract of land in the case of Agyei Osae & Ors v Adjeifio & Ors [2007-2008] SCGLR 499 as to who owns the allodial title to an area of 1170.96 acres of land at Otinshie stretching from off the Accra- Tema motorway to the Akwapim Hills. A Court of Appeal judgment, delivered on 15 July 2005, in Agyei Osae & Ors v Adjeifio & Ors, supra, reversed a High Court decision declaring ownership of this large track of land to the Nii Osae Otinshie family, by granting title to the Kle Musum Quarter of Teshie. The Court of Appeal however held that “whatever rights the [Nii Osae Otinshie family] had in Otinshie are.....