[2025]DLSC18380 • June 25, 2025 • Supreme Court •
DR. OSBERT NYARKO ADJEI vs. DANIEL MCKORLEY
The Plaintiff obtained a 99-year leasehold interest over two plots of land in East Legon Extension, Accra, commencing construction with plans for a medical clinic on the central portion. The Defendant entered the land and constructed a fence wall on the central section, leading to a dispute. The Plaintiff alleged the Defendant's lease was based on a forged indenture, supported by denials from the grantor and witnesses, and a police forensic report. The Defendant claimed lawful acquisition from a different family, possession, and challenged the Plaintiff's indenture as fraudulent due to inconsistencies in dates and documentation.
read moreJUDGMENT KULENDI JSC. INTRODUCTION: 1. We have before us an appeal against the judgment of the Court of Appeal dated the 29th of June, 2022 wherein the Court of Appeal coram: Dennis Adjei, Bartels-Kodwo JJA. (as they then were); Eric Kyei Baffour J.A, reversed the decision of the High Court delivered on the 17th of July, 2019 coram: His Lordship Justice Anthony-Oppong. 2. For ease of reference, we shall maintain the original designations of the parties and refer to them as Plaintiff and Respondent respectively. PLAINTIFF’S CASE 3. By an amended Statement of Claim filed on the 25th of April, 2016, the Plaintiff averred that around 30th of September, 2006, he obtained a leasehold interest for Ninety-Nine (99) years in respect of two plots of land measuring 0.553 acres, granted by Nii Sodjah Obodai, acting in his role as Acting Chief of Mpehuasem, situated at East Legon Extension, Accra. This leased property was identified by the Plaintiff as Plots 1 and 35. 4. The Pla.....