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AKWEI V. AGYAPONG AND ANOTHER

(1962) JELR 68098 (HC)

High Court  •  13 Apr 1962  •  Ghana

Coram
OLLENNU J.

Judgement

OLLENNU J.

The plaintiff claims declaration of title, an order for recovery of possession, damages for trespass and injunction in respect of a piece of land situate north of the Mental Hospital, Accra. The said piece of land is demarcated on the plan exhibit 1 and thereon edged pink.

The plaintiff’s title to the land has been expressly admitted but the trespass is denied. It was pleaded for the first defendant that a binding agreement for sale of the said parcel of land exists between the plaintiff and first defendant, and that the entry of the first defendant upon the land was in pursuance of the said contract for sale, or upon leave and licence granted to him by the plaintiff.

The law of Ghana recognises two forms of contract for the sale of land. These are: (1) contract for the sale of land under the common law as defined in section 17 of the Interpretation Act, 1960 (C.A. 4), and (2) contract for the sale of land under customary law.

By section 4 of the Statute of Frauds, 1677, a sta…

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