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OTOO
V.
BINEY AND ANOTHER

(1966) JELR 65150 (HC)

High Court 10 Feb 1966 Ghana
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- The court held that under section 21(1)(b) of the Land Registry Ordinance, a registered conveyance by a purchaser for value without notice takes priority over a prior unregistered conveyance for the same land. - The plaintiff’s failure to

Case Details

Judges:ARCHER J.
Counsel:HAYFRON-BENJAMIN FOR THE PLAINTIFF; I. K. ABBAN FOR THE DEFENDANT AND CO-DEFENDANT.
Other Citations:[1966] GLR 90

ARCHER J.

The plaintiff by her writ of summons claimed damages for trespass committed by the defendant on the plaintiff’s land and prayed further for a perpetual injunction restraining the defendant. The plaintiff’s case is that she bought for £G600 a piece of land at Aboom Wells Road, Cape Coast, by auction conducted by private treaty by a licensed auctioneer named Essien. As a result of this sale a deed of conveyance, exhibit B, was executed in her favour by the vendor William Essuman-Gwira Sekyi, the administrator de bonis non of the estate of William Edmund Pieterson deceased of Cape Coast. Immediately after the sale she took possession of the land which included premises situated on the western portion of the land. In the year 1962, the plaintiff discovered that the defendant had trespassed on the land by erecting pillars and by commencing building operations notwithstanding the plaintiff’s warnings to the defendant to keep off the land. The defendant’s case is that he approached …

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