SAM BOATENG
V.
YAW OSEI & 2 ORS.

(2008) JELR 69781 (CA)

Court of Appeal · CIVIL APPEAL NO. H1/41/06 · 12 Jun 2008 · Ghana

CORAM

ARYEETEY J.A. (PRESIDING), APALOO J.A., YAW APPAU J.A

Editorial Summary

This case involves a land dispute between the appellant, a brother of the late Frank Moore and the respondent, who purchased the land in dispute from the wife of the late Frank Moore. The wife of Frank Moore, upon the death of the husband applied for Letters of Administration and same was granted. It was on the authority of the grant of the Letters of Administration that she sold the land to the respondent. Unknowing to the respondent, the appellant applied to set aside the earlier grant of the Letters of Administration and reapplied for another at the Circuit court. The appellant upon realizing that the respondent were on the disputed land, brought an action for a declaration of title to land and damages for trespass. In the defence of the respondent, they pleaded that they were bona fide purchasers pf value without notice to the setting aside of the grantors Letters of Administration. Subsequently, the appellant at the Circuit Court applied to discontinue the action against the respondent and judgment was entered for the respondent declaring that the sale of the land to them was valid. It was from that ruling that the appellant appealed to this court to set aside the ruling. However, the Court appeal held that section 97 (1) of Act 63 which the appellant sought to rely on, had a purchaser’s protection clause which is meant to protect the interests of purchasers who are completely unaware of matters which adversely affected the grant of the letters of administration in favour of their vendor and which formed the basis for revocation of the letters of administration. They were therefore entitled to enjoy the protection afforded by section 97 (1) of Administration of Estates Act, 1961 (Act 63) thus the judgment of the trial Circuit Court should not be disturbed and thereby conferring title to the respondent

Core Terms ^Beta

defendants

circuit court

letters of administration

plaintiff

appeal

property

administration of estates act

notice

order

additional ground of appeal

late frank moore

record of appeal

7th september

9th august

following reliefs

innocent purchasers

learned judge

legal consequences

perpetual injunction

23rd october

administrator of her late husband

brother of the late frank moore

building permit

building project

building purposes

defendants judgment

estate mrs. irene moore

favour of frank moore

favour of jim ofori

following grounds of appeal

fresh letters of administration

further declaration

german citizen

leasehold plot of land

level frank moore

main contention of the appellant

notice of discontinuance

owners of the property

paradise farms

plaintiff’s claim

residential building project

respect of his estate

said land

sale of the disputed property

subject-matter of a mortgage deed

subsequent revocation of the letters of administration

trial judge

uncompleted building

virtue deed of assignment

ARYEETEY, J.A.:

A brief background to this appeal would be appropriate. The late Frank Moore who had been registered as German citizen arrived in Ghana with his German wife Mrs Irene Ilse Moore. He obtained a leasehold plot of land for ninety-nine years for building purposes. He took steps to commence a residential building project on the said land. However, before the building could reach roofing level Frank Moore died unexpectedly in a motor accident on the Accra – Tema Motorway. His German wife, who had two children by him, applied for and obtained Letters of Administration in respect of his estate. As administrator of her late husband’s estate Mrs. Irene Moore disposed of the land with the uncompleted building thereon by way of assignment in favour of Jim Ofori and Katharina Writz, who are co-defendants/respondents in this appeal. The co-defendants obtained an indenture dated 7th September 1996 from the assignor as well as building permit from the appropriate local authority to con…

SAM BOATENG V. YAW OSEI & 2 ORS.

SAM BOATENG
V.
YAW OSEI & 2 ORS.