BEATRICE ABALO vs JACOB APANA

JUDGMENT MENSAH-HOMIAH, JA: INTRODUCTION This is an appeal against the judgment of the High Court, Bolgatanga, delivered on 2nd March 2022. The Plaintiff/Appellant and Defendant/Respondent shall simply be referred to as Plaintiff and Defendant, respectively. I am confronted with issues such as, whether a registered lease of a party takes precedence over the other party’s ownership and rights in possession under customary law. For the sake of clarity, I place on record that, the name of the Plaintiff’s vendor has variously been given as “Azungwa Akorgia”, Azunbuaa Akurigeya” and “Azugbua Akurigeya”, but all these variants of the name refer to one person. BACKGROUND FACTS It is apposite to state the matters that have given rise to the instant appeal. The plaintiff, in her capacity as Administratrix/Beneficiary of the Estate of Swanzy Moro Amodo, deceased, commenced an action on 22nd February 2018 against defendant. Plaintiff claimed a declaration of title to...