ANKRAH
V.
OFORI

(1961) JELR 64764 (HC)

High Court 11 Feb 1961 Ghana
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- The court held that where a defendant’s conduct amounts to “concealed fraud,” the limitation period under the Land Development (Protection of Purchasers) Act, 1960, is postponed until the fraud is or could with reasonable diligence be dis

Case Details

Judges:AKAINYAH J
Counsel:A. W. ACQUAAH FOR THE PLAINTIFF-APPLICANT ,G. KORANTENG-ADDOW FOR THE DEFENDANT-RESPONDENT

AKAINYAH J.: In this action the plaintiff sues under the Land Development (Protection of Purchasers) Act, 19601 for the relief set out in his writ.

Section 2 (1) of the said Act reads as follows:

“Where—

(a) a person (in this section referred to as the purchaser) took a conveyance of land in a prescribed area at some time after 31st December, 1944 and before the date on which the area became a prescribed area, and

(b) the purchaser or a person claiming through him, in good faith erected a building on the land, and

(c) a possession order was made in relation to the land in proceedings finally disposed of before the date on which the area became a prescribed area, and was so made by reason that the conveyance taken by the purchaser did not operate to confer on him the title to the land, the person against whom the possession order was made may, at any time within twelve months after the date on which the area became a prescribed area, apply to the High Court for an order under this sectio…

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