[2020]DLSC8525 • February 5, 2020 • Supreme Court •
DORA BOATENG vs. MCKEOWN INVESTMENT LTD
The plaintiff, Dora Boateng, purchased a 20-acre plot of land at Okorase near Koforidua from Kwame Kissiedu Kwaasi, who claimed to be the head and lawful representative of the Kissiedu Kwaasi family of the Anonkore Clan. The deed was executed in 2000 and registered in 2014. Upon returning from Switzerland, the plaintiff found her land encroached upon and commenced action against 'The Developers'. The defendant, McKeown Investment Ltd, claimed title to a 46.98-acre parcel including the plaintiff's land, acquired from Naggesten Farms, which in turn acquired it from a family at Larteh to which Kwame Kissiedu Kwaasi belongs. The dispute centered on the validity of the sales and the authority of Kwame Kissiedu Kwaasi to alienate the land.
read moreAMEGATCHER, JSC:- The events leading to this appeal which has ended up at the apex court started its journey from the Circuit Court, Koforidua. Being a civil case, its upward movement was routed on appeal to the Court of Appeal. The parties wishing to take full advantage of all the legal avenues open to them did not end the journey at the intermediate appellate court. The fight continued by invoking our appellate jurisdiction as the final court in the land, hopefully to give this land dispute its quietus. One gentleman called Kwame Kissiedu Kwaasi is at the centre of this land dispute. The actual role the said Kwame Kissiedu Kwaasi played and his legal capacity will be a determinant factor in this appeal. For Dora Boateng, the plaintiff, the facts of her case from the record reveal that she bought a 20 acre plot of land situate at Okorase near Koforidua from Kwame Kissiedu Kwaasi, who described himself as the Head of Family and lawful representative of the Kissiedu Kwaasi Family of a...