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EDWARD OSEI V. NANA GUAHYIA ABABIO

(2012) JELR 65408 (CA)

Court of Appeal  •  CASE NO: HI/30/2012  •  27 Apr 2012  •  Ghana

Coram
JUSTICE MARIAMA OWUSU JA (PRESIDING), JUSTICE F G KORBIEH JA, JUSTICE IRENE C DANQUAH JA

Appearances
JAMES MARSHAL BEDIAKO ESQR. FOR DEFT/APPELLANT,SAMUEL OKOAMPAH ESQR. FOR PLAINTIFF/RESPT.

Judgement

IRENE C DANQUAH JA

This appeal emanates from the decision of the Circuit Court, Obuasi delivered on 24th May, 2011 thus:

“These basic uncontroverted facts between the parties raises a crucial legal point which was not addressed by either of the parties. That is whether the grant of a stool land to the Defendant complied with all the legal statutory requirements for it to be valid. .........

It therefore follows therefore that any interest in the land in dispute to the Defendant by the Plaintiff would be null and void unless the consent and concurrence of the Minister for Lands was obtained. Throughout the trial, no shred of evidence was led to indicate that any grant by the Plaintiff to the Defendant was made with the consent and concurrence of the Minister of Lands. Therefore in the view of the Court, any purported grant by the Plaintiff of any part of the New Edubiase Stool would be null and void and of no effect whatsoever. It would therefore be wrong for the Court to hold that the De…

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