F. K. A. COMPANY LTD. vs. FREDERICK NYAMEKYE

JUDGMENT SOWAH, J.A.: Introduction This appeal is by the defendant/ appellant from the judgment of the High Court, Land Division, Accra dated 12th February 2021. The matter which was in dispute was basically a land dispute as to which of the parties had a right to the land. The plaintiff/respondent put his title in issue by suing the defendant as a trespasser whilst the defendant/ appellant likewise put his title in issue when he counter-claimed that he was 'owner in possession'. The common grantor of the parties was the Weija Stool, and among the issues set down for trial was whether the Weija Stool was caught by the nemo dat quod non habet rule for selling the disputed land to the defendant in 2002 after having sold it to the plaintiff in 1998. After hearing evidence and examining the many exhibits tendered in evidence by both sides, the trial judge held in favour of the plaintiff/respondent, resting her decision on the nemo dat principle. The defendant/ appellant ho...