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SERWAH
V.
NANA ADJEN II

(1993) JELR 69430 (CA)

Court of Appeal 19 Jun 1993 Ghana
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- The Court of Appeal held that, under the doctrine of "feeding the estoppel," a grantee who received a purported grant of land later rezoned for residential purposes acquires valid title when the grantor subsequently obtains the requisite

Case Details

Judges:AMUAH JA, KPEGAH JA, LUTTERODT JA
Counsel:-

LUTTERODT JA.: On 29 January 1976, Nana Kwabena Duro, in his capacity as Odikro of Yenyawaso and the person authorised to allocate Yenyawaso building plots, allocated plot No 7 Block III to the plaintiff-appellant (whom I shall hereafter refer to as “the appellant”) and issued her with an allocation paper. She acquired this plot by a customary grant; in consideration of the allocation, she paid a customary aseda of one thousand and twenty-one cedis plus one full bottle of schnapps.

Sometime later, on her return from her sojourn outside this country, she sought to register the grant. The Asantehene’s land office refused to accept the allocation paper for registration on the ground that the defendant-respondent (referred to hereafter as “the respondent”) had directed them not to accept the document. When she went to the respondent to protest about what she thought was an unlawful interference with her rights, the latter requested her to provide a fresh “aseda” for an entirely new plot. H…

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