[2019]DLSC6208March 21, 2019Supreme Court

MRS AGNES AHADZI AND PIONEER MALL LTD vs. BOYE SOWAH, NII NORTEY ADJEIFIO AND NUUMO ADJEI KWANKO II

PWAMANG, JSC:- This is an appeal against the judgment of the Court of Appeal dated 4th June, 2015 wherein the Court of Appeal reversed the judgment of the High Court dated 4th July, 2011which went in favour of the plaintiffs/respondents/appellants. In this judgment we shall refer to the parties by their descriptions as in the trial court. BACKGROUND OF THE CASE. The case was commenced in 2000 and concerns a parcel of land at Okpoi-Gonno in Accra. In the course of the litigation 1st defendant died and was substituted and 2nd defendant too died but he was not substituted. 3rd defendant was originally not a party to the suit but he applied and was joined. The plaintiffs’ claim to the land in dispute was based on purchase form Bortei Alabi family of Nungua who acquired it by customary grant from the Nungua Stool, had it documented in 1991 and registered under the Land Title Registration Act, 1986 (PNDCL 152) with Land Certificate No GA 9043 dated 16th March 1994. Upon the transfer o.....