SAMUEL BROOKMAM AMISSAH
V.
JONATHAN NARH DOWUONA

(2018) JELR 108661 (HC)    
High Court  ·  FAL/780/13 ·  30 May 2018 ·  Ghana
CORAM
JUSTICE ANTHONY OPPONG

JUDGMENT 

Both Plaintiff and 1st Defendant claimed to have acquired the disputed  land from one E. Q. Nortey, the then acting Osiahene and Acting Osu Mantse  in 1998. 2nd Defendant is a grantee of 1st Defendant. It is instructive to observe however, that while Plaintiff acquired the land in September 1998 according  to Exhibit “B”, 1st Defendant acquired the land in December 1998 according  to Exhibit “1” from the same Osu Stool. The trite land law as espoused in  several cases including the case of Brown v. Quarshigah (2003-4) SCGLR 930 favors Plaintiff as Plaintiff was the first in time to have been granted the  land by the Osu Stool in September 1998. The law postulates that when a land  owner grants land he/she cannot purport to grant the same land to another  person later, the reason being that the earlier grant has the effect of divesting  the owner of whatever interest he/she might have had in the land and so he  would have nothing in the land to purport to grant the same land…

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