CONCA ENGINEERING (GHANA) LTD. V. MOSES

APALOO C.J.

In the north-east of Accra lies a suburban building land. It is called Mamobi. The title to that land is vested in the Osu stool. It is the occupant of that stool acting with the consent and concurrence of the stool elders that can make a valid alienation of any portion of that land.

On 17 March 1960 that stool by a deed, conveyed a portion of the land approximately 85 feet by 90 feet to a man named Abudulai Kotokoli in consideration of the payment by him of the sum of twelve guineas. To the deed was attached a site plan which more or less identified the land. By a law passed in 1962, the grant could not be accorded legal effect until it was registered. It is the Land Registry Act, 1962 (Act 122). In apparent compliance with section 24 of that legislation, Kotokoli registered the deed in 1968. The estate sought to be conveyed to him was described in the recital as “an absolute grant and conveyance” but by the words of the habendum, he was “To have and to hold the said land …