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EDWARD AWUKU V. BRYNE YAW ATTIGAH AND EMMANUEL KOFI TETTEH

(2010) JELR 66339 (SC)

Supreme Court  •  CIVIL APPEAL NO. J4/13/2010  •  29 Jun 2010  •  Ghana

Coram
BROBBEY JSC (PRESIDING), ANSAH JSC, OWUSU (MS) JSC, YEBOAH JSC, ARYEETEY JSC

Appearances
PHILLIP ADDISON FOR THE 3RD CLAIMANT /RESPONDENT /RESPONDENT; NENE A. O. AMEGATCHER FOR THE 1ST CLAIMANT /APPELLANT /APPELLANT.

Judgement

JUDGMENT

ANSAH, JSC

This is an appeal from the judgment of the Court of Appeal, coram, E.K. Piesare (presiding), S.K. Marful Sau and Mariama Owusu JJA, dated 13th March 2008, in which the court dismissed the appeal against the judgment by the High Court which had set aside the judgment of the trial Land Title Tribunal.

It is against this judgment that the present appeal has been brought to us on the following grounds of appeal, namely that:

“i) The Court of Appeal misdirected itself and caused a substantial miscarriage of justice when it held that the grant to the appellant was null and void because the caretaker of Osu stool lands had no authority to grant Osu stool land when the case of the Appellant was that the caretaker in his position as an agent of the stool granted the land to Appellant’s grantor which grant was ratified/endorsed concurrently with the execution of the document by his principal the then Osu Mantse Nii Dowuona V.
ii) The Court of Appeal misdirected itself in giving e…

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