The Supreme Court of Togo has definitively ended a land dispute that had pitted the X family against a private individual, A Af, since 1985, confirming the latter's ownership of the land.

A long legal saga, spanning more than 35 years, came to an end on November 17, 2022, before the Supreme Court of Togo. At the heart of the dispute was a plot of land of approximately 1.25 hectares located in the locality of Avépozo.

The history of the dispute

The case began in 1985 when the X family sued A Af in order to be recognized as the owner of the building.

1. 1991: The Lomé Court rejects the X family's claim and declares A Af the owner of the plot.
2. 1996: The X heirs appeal. The Lomé Court of Appeal upholds the first instance judgment and orders them to pay costs.
3. 1997: The X family files an appeal to the Supreme Court.

The rejection of the arguments raised in the Court of Cassation

The appeal to the Court of Cassation, filed by the X family against the Court of Appeal's judgment, was based on three main arguments. The Supreme Court examined them and rejected each one, ruling the entire appeal unfounded or inadmissible.

Grounds of Appeal	Argument Raised by the X Family	Supreme Court Decision
First ground of appeal (Violation of the right to two levels of jurisdiction)	A magistrate who participated in a fact-finding operation in the first instance was said to have presided over the appeal.	Dismissed (Inadmissible). The challenge to the composition of the court should have been raised at the outset of the proceedings before the Court of Appeal. Having failed to do so in a timely manner, the argument is therefore untimely.
2nd Ground (Violation of customary rules)	The Court of Appeal failed to take into account the custom requiring that the owners of land bordering the property be heard.	Dismissed (Unfounded). As the applicants did not file an appeal or a brief with the Court of Appeal, they cannot fault it for not having examined arguments (regarding custom) that they had not formulated.
3rd Ground (Contradiction of Reasons)	It denounces a contradiction in the grounds for the judgment, amounting to a lack of grounds.	Dismissed (Inadmissible). The argument was based on the grounds of the judgment of first instance (1991), and not on those of the judgment of the Court of Appeal (1996), which was nevertheless the decision challenged in cassation.

Final Decision

After analyzing the arguments, the Supreme Court rejected the appeal filed by the X heirs. It thus fully upheld the 1996 Court of Appeal ruling, which itself upheld the 1991 Tribunal judgment.

Consequently, A Af retains definitive ownership of the Avépozo land. The Court also ordered the confiscation of the appeal fee and ordered the plaintiffs to pay costs.

The Supreme Court ruling (No. 0100/22 of November 17, 2022) puts an end to this legal saga that began more than three decades ago.