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EDWARD OSEI
V.
NANA GUAHYIA ABABIO

(2012) JELR 65408 (CA)

Court of Appeal 27 Apr 2012 Ghana
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- This case involves a dispute over a land lease agreement between the plaintiff and the defendant. - The plaintiff claimed that the lease agreement was at an end and sought various reliefs, including recovery of possession of the land and

Case Details

Suit Number:CASE NO: HI/30/2012
Judges:JUSTICE MARIAMA OWUSU JA (PRESIDING), JUSTICE F G KORBIEH JA, JUSTICE IRENE C DANQUAH JA
Counsel:JAMES MARSHAL BEDIAKO ESQR. FOR DEFT/APPELLANT,SAMUEL OKOAMPAH ESQR. FOR PLAINTIFF/RESPT.

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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