MICHAEL ODAI LOMOTEY & EBENEZER OTU MAKPOI vs. KWOW RICHARDSON & 3 ORS EX PARTE: BENJAMIN AKUFFO DARKO ATTORNEY GENERAL & INSPECTOR GENERAL OF POLICE

The Applicants, children and administrators of the estate of John Bortey Makpoi, claim ownership of a parcel of land at New Nugua Extension acquired from the Nungua Stool in 1962. The land was reduced due to government acquisition and zoning. The Respondents developed portions of the land despite Applicants' protests. A co-defendant, Frederick Shamo Kwei, claiming to represent the Numo Kofi Anum family, was joined to the suit. The High Court ruled in favor of the co-defendant; the Court of Appeal reversed this, finding the co-defendant lacked capacity. The Supreme Court reversed the Court of Appeal, affirming the High Court's decision by majority. The Applicants sought review alleging misapplication of precedent and denial of possessory interests.

RULING MAJORITY OPINION KULENDI JSC: INTRODUCTION: 1. We have before us an application, invoking our review jurisdiction pursuant to Article 133 of the Constitution and Rule 54(a) of the Supreme Court Rules, 1996 ( C.I. 16). The Applicants are praying this Court to review the judgment delivered by the Ordinary Bench of this Court on the 15th of June 2022, and affirm the Court of Appeal’s decision which had settled the issues in contention in favor of the Applicants. 2. Every so often, applications of this nature are brought before this Court, and as we have always maintained, a favorable seizure of this jurisdiction, being the zenith of the judicial process, lends itself only to instances where parties are able to meet the threshold as set by the Constitution, the Rules of this Court and established case law. Article 133 of the 1992 Constitution of Ghana states, ‘The Supreme Court may review any decision made or given by it on such grounds and subject to such conditions as m...