EDWARD OSEI
V.
NANA GUAHYIA ABABIO

(2012) JELR 65408 (CA)    
Court of Appeal  ·  CASE NO: HI/30/2012 ·  27 Apr 2012 ·  Ghana
CORAM
JUSTICE MARIAMA OWUSU JA (PRESIDING), JUSTICE F G KORBIEH JA, JUSTICE IRENE C DANQUAH JA
Core Terms Beta
defendant
land
counsel
plaintiff
case
trial judge
issue
trial court
concurrence of the minister
learned trial judge
disputed land
trial
suo motu
supreme court
substantial miscarriage of justice
form of an allocation paper
original state
stool land
stranger-grantee
weight of evidence
2glr 200sc
agyeiwaa vs. p
appeal counsel
appellant hereafter
appellant’s ground
argument counsel
bisi vs. tabiri alias asare
bona fide owner of the land
brief fact of the case
concurrence of the minister of lands
decision of the circuit court
declaration of title
following issues
give judgment
grant of a stool land
immediate submission
instant appeal
irene c danquah ja
plaintiff of any part of the new edubiase stool
plaintiffs claims
purported grant
receipt of the record of proceedings
respondent hereafter
respondents case
reversal of the judgment of the trial court
shred of evidence
statutory provision
view of the court
western hardwood enterprise ltd
year lease agreement

IRENE C DANQUAH JA

This appeal emanates from the decision of the Circuit Court, Obuasi delivered on 24th May, 2011 thus:

“These basic uncontroverted facts between the parties raises a crucial legal point which was not addressed by either of the parties. That is whether the grant of a stool land to the Defendant complied with all the legal statutory requirements for it to be valid. .........

It therefore follows therefore that any interest in the land in dispute to the Defendant by the Plaintiff would be null and void unless the consent and concurrence of the Minister for Lands was obtained. Throughout the trial, no shred of evidence was led to indicate that any grant by the Plaintiff to the Defendant was made with the consent and concurrence of the Minister of Lands. Therefore in the view of the Court, any purported grant by the Plaintiff of any part of the New Edubiase Stool would be null and void and of no effect whatsoever. It would therefore be wrong for the Court to hold that the De…

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