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ADAMS
V.
BANINI

(1994) JELR 66178 (CA)

Court of Appeal 24 Mar 1994 Ghana
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- The Onamroko Adain family granted land at Tantra Hill, Accra to the plaintiff (Peace Aku Banini) via a 1977 executed and registered indenture; plaintiff took physical possession and marked boundaries. - Defendant (George Adams), who purch

Case Details

Judges:LAMPTEY JA, LUTTERODT JA, FORSTER JA
Counsel:E A MINGLE FOR THE APPELLANT; L N OTOO FOR THE RESPONDENT.
Other Citations:[1994 - 95] 2 GBR 833 – 837 C A

LAMPTEY JA.

Sometime in January 1966 the Onamroko Adain family made a customary grant of a plot of land at Tantra Hill, Accra to Peace Aku Banini (hereinafter referred to as the plaintiff). In 1977 the above transaction was reduced into writing and an indenture thereon was duly executed by all the parties. The plaintiff duly stamped and registered the indenture. The plaintiff planted four pillars to mark and demarcate the boundaries of her plot of land. She also engaged the services of Albert Nyame Ashitey, PW1 as a caretaker over her plot of land.

Sometime in 1982 Ashitey, PW1, noticed that building operations had been commenced on the plaintiff’s land. Ashitey promptly warned the building contractor to stop work and to leave the land but his warning was ignored by the contractor and his workers. They continued the building operations on the land. The plaintiff was informed by Ashitey that a building was being put up on her plot of land. She also warned the building contractor to stop …

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