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YAKUBU BRAIMAH AND JIBRIEL BRAIMAH
V.
SHELL [GH] LTD. & 7 ORS

(2007) JELR 63897 (CA)

Court of Appeal 8 Jun 2007 Ghana
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- The case involves a dispute over land ownership between the plaintiffs (administrators of the estate of Chief Abdul Rahim Braimah) and the defendants (including Shell Ghana Ltd. and members of the Braimah family). - The plaintiffs sought

Case Details

Suit Number:CIVIL APPEAL NO. H1/16/2007
Judges:A.ASARE KORANG JA [PRESIDING], S.E. KANYOKE JA, MARFUL-SAU JA
Counsel:MRS. J.O. AMUI FOR THE PLAINTIFFS/APPELLANTS; MR. TANKO AMADU FOR THE DEFENDANTS/RESPONDENTS/

ASARE KORANG, JA: Section 10(1) and (2) of the Limitation Decree 1972 (NRCD 54) states:

"(1) A person shall not bring an action to recover a land after the expiration of twelve years from which the right of action accrued to the person bringing it or, if it first accrued to a person through whom the first mentioned claims to that person.

(2) A right of action to recover land does not accrue unless the land is in the possession of a person in whose favour the period of limitation can run."

It is also provided in Section 22 (1) and (2) of the said Decree as follows:

"(1) Where, in an action for which a period of limitation is fixed by this act

(a) the action is based on the fraud of the defendant or the agent of the defendant or of a person through whom the defendant or the agent claims, or

(b) the action is for relief from the consequences of a mistake, the period of limitation shall not begin to run until the plaintiff has discovered the fraud or mistake, or could with reasonable dilige…

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