By using this site, you agree to the Privacy Policy and Terms of Use.
Accept
The High Street Journal
  • HOME
  • BUSINESS & ECONOMY
  • NEWS & UPDATES
  • WORK & CAREERS
    • THSJ Resources
  • LEGAL INSIGHTS
  • INNOVATION
  • OPINIONS
  • #STOPGALAMSEY
The High Street JournalThe High Street Journal
Search
  • HOME
  • BUSINESS & ECONOMY
  • NEWS & UPDATES
  • WORK & CAREERS
    • THSJ Resources
  • LEGAL INSIGHTS
  • INNOVATION
  • OPINIONS
  • #STOPGALAMSEY
Follow US
© 2024 | The High Street Journal. All Rights Reserved.
Legal Insights

When Land Titles Collide: Supreme Court Clarifies Boundary Disputes and Concurrent Findings

In Blackmore v Klutse, the Supreme Court corrected lower courts’ errors, affirming registered land title, emphasizing survey accuracy, boundary precision, and limits of concurrent factual findings

When Land Titles Collide: Supreme Court Clarifies Boundary Disputes and Concurrent Findings
David Amaara Adaawin
Feb 4, 2026

An analysis of Blackmore v Klutse [2025] GHASC 30

Land litigation in Ghana often turns less on who owns land and more on where that land actually lies. The Supreme Court’s decision in Blackmore v Klutse [2025] GHASC 30, delivered on 30 April 2025, is a classic example. It is a case about boundaries, survey plans, and how far appellate courts should go when two lower courts agree but get it wrong.

How the dispute started

The dispute traces back to Kwabenya in Accra. In 2002, Larry Blackmore purchased two plots of land from Nii Iddrisu Aya Tettey. He later registered the land and was issued Land Title Certificate No. GA 22098 in January 2006. After taking possession, he developed the land and put up a five-bedroom house.

Trouble began years later when Bernard Klutse moved onto what Blackmore said was part of his land and began constructing a fence wall and laying a foundation. Even after the Accra Metropolitan Assembly intervened, the construction continued. Blackmore sued, seeking declaration of title, trespass, recovery of possession, and an injunction.

READ ALSO

EOCO Demands Nine Years of Financial Records from Baffour Awuah’s Law Firm
EOCO Demands Nine Years of Financial Records from Baffour Awuah’s Law Firm
Pastor Ordered to Open Defence Over Prophecy of Vice-President’s Death as Court Rejects No-Case Submission
Beyond the JUSAG Strike: What Happens to the Cases and Lives Left Waiting in Court?

Klutse’s response shifted the focus of the case. He denied trespass and claimed that it was Blackmore who had encroached onto his land. He said he bought his land in 2009 from a person who traced title to the same family. According to him, the dispute was not about ownership at all but about boundaries.

What the lower courts decided

At the High Court, a surveyor appointed by the court prepared a composite plan by superimposing both parties’ site plans. The composite plan revealed a disputed hatched area. The surveyor’s evidence was clear on one key point: Blackmore’s site plan largely corresponded with the land on the ground, while Klutse’s did not.

Despite this, the High Court dismissed Blackmore’s claim entirely. It upheld Klutse’s counterclaim, declared him owner of the land described in his pleadings, granted a perpetual injunction against Blackmore, and awarded GH¢50,000 in damages for trespass.

Blackmore appealed. The Court of Appeal affirmed the judgment, although it reduced the damages to GH¢5,000. With both courts aligned against him, Blackmore turned to the Supreme Court.

The Supreme Court’s approach

The Supreme Court began by reminding itself of a settled principle. Where the High Court and Court of Appeal make concurrent findings of fact, the Supreme Court will not interfere unless there is a clear error that has caused a miscarriage of justice.

That caution, however, did not save the lower courts in this case.

Why the concurrent findings failed

The Supreme Court found several serious problems.

First, the evidence of the court-appointed surveyor had been misunderstood and misapplied. The composite plan showed that the land Klutse occupied on the ground did not align with the land described in his site plan or counterclaim. Blackmore’s land, by contrast, largely matched both his claim and his registered title.

Second, the High Court’s findings were internally inconsistent. It accepted that Blackmore’s land title certificate was valid and unrebutted, yet inexplicably refused to grant him declaration of title. At the same time, it granted title to Klutse over land that, on the evidence, was not the land he actually occupied.

Third, the Supreme Court emphasized priority in time. Blackmore acquired his land in 2002 and registered it in 2006. Klutse’s deed of assignment was dated 2011. By virtue of section 5 of the Land Title Registration Law, 1986 (PNDCL 152), Klutse was deemed to have constructive notice of Blackmore’s registered interest, whether or not he conducted a search.

The final decision

The Supreme Court allowed the appeal and set aside the judgments of both the High Court and the Court of Appeal.

It declared Blackmore the owner of the land covered by Land Title Certificate No. GA 22098, ordered recovery of possession of any encroached portion, and granted a perpetual injunction restraining Klutse from further interference.

However, the Court declined to award damages for trespass, noting that there was no clear evidence that permanent structures had been erected on the specific disputed portion.

Costs of GH¢50,000 were awarded in favour of Blackmore.

Why this case matters

Three lessons stand out.

First, land title certificates still carry real weight. While they are not indefeasible, they are powerful evidence when supported by accurate survey work.

Second, boundary disputes demand technical care. Composite plans and survey evidence are not formalities to be glossed over; they are often the heart of the case.

Third, concurrent findings are not untouchable. When lower courts misapply evidence or reach conclusions that do not logically follow from the record, the Supreme Court will step in.

For landowners, buyers, lawyers, and surveyors, Blackmore v Klutse reminds that in land litigation, precision matters and mistakes at the margins can decide everything.

Share this:

  • Share on X (Opens in new window) X
  • Share on Facebook (Opens in new window) Facebook

Like this:

Like Loading…

Related

Subscribe to Our Newsletter
Subscribe to our newsletter to get our newest articles instantly!
[mc4wp_form]
Share This Article
Facebook Whatsapp Whatsapp LinkedIn Email
Previous Article SEC Issues Directive to Curb Foreign Securities Exposure by Collective Investment Schemes SEC Directs Collective Investment Schemes to Limit Foreign Securities Exposure
Next Article Ghana Stocks Surge as Market Capitalization Nears GH¢196 Billion GSE Extends Gains as Select Counters Lift Indices Amid Surge in Trading Value
- Sponsored Content -
Ad imageAd image

LATEST NEWS

The Sovereign Paradox: When the State Defaulted, the Banks Paid the Bill
The Sovereign Paradox: When the State Defaulted, the Banks Paid the Bill
Business & Economy
Mahama Meets Boeing Officials as Ghana Advances Plans for New National Airline
News
Top 10 Performing Public Institutions Driving Economic Prosperity – ACEYE’s IGIPTEP Report Reveals
Ghana’s Certification Drive Shifts Towards Business Competitiveness and Export Growth
Business & Economy
Tracking the Money: Where Will Your TRAFFITECH-GH Fine Go? Find Out Here
Police Warn Motorists of Cyber Fraud Risks Under TraffiTech-GH System
News
Origgin Hosts Maiden Technology Conference, Demonstrates Wireless Electricity Technology and Announces $650 Million IPO Target for 2027
Origgin Hosts Maiden Tech Conference, Showcases Wireless Electricity and Targets $650 Million IPO in 2027
Innovation

You May Also Like

Samson-Lardy-Anyenini

Ambulance trial: I find some things irrelevant; judge may not consider them – Samson Lardy

“There Is No Constitutional Issue”: Godfred Dame Questions Supreme Court Jurisdiction In OSP Case

“There Is No Constitutional Issue”: Godfred Dame Questions Supreme Court Jurisdiction in OSP Case

When Power Loops Back: Legal Fault Lines in the Suspension of Ghana’s Chief Justice

When Power Loops Back: Legal Fault Lines in the Suspension of Ghana’s Chief Justice

Unclaimed Dividends and the Legal Fate of Forgotten Investments

Unclaimed Dividends and the Legal Fate of Forgotten Investments

Memoranda of Understanding and Their Legal Effect in Business Transactions

Memoranda of Understanding and Their Legal Effect in Business Transactions

A gavel over documents on the subject of defamation

Freedom of speech vs reputational damage: where consumer reviews cross the legal line

Court Grants GH₵10 Million Bail to Former Capital Bank CEO Ato Essien Amid Appeal

Court Grants GH₵10 Million Bail to Former Capital Bank Founder Pending Appeal

AG Stance Against OSP in the Supreme Court: Will Ken Ofori-Atta Walk Free from Extradition?

AG Stance Against OSP in the Supreme Court: Will Ken Ofori-Atta Walk Free from Extradition?

The High Street Journal

About Us

Delivering focused and insightful business perspectives; impacting lives.

Email: [email protected]

Useful Links

  • About
  • AI Strategy & Policy
  • Advertise
  • User Policy
  • Be a Guest Author
  • Contact Us
  • Sitemap

Stay Connected

© 2026 | The High Street Journal. All Rights Reserved.

%d