NII OKWEI KINKA DOWUONA VI (SUBSTITUTED BY NII AKO NORTEI IV)(SUBSTITUTED BY NUMO NOI OSEKAN III OSU KLOTTEY WULOMO) VS BARCLAYS BANK OF GHANA LTD., THE ATTORNEY-GENERAL & LANDS COMMISSION

JUDGEMENT

ACKAH-YENSU (MS.) JSC:-

INTRODUCTION

On the 2nd of June 1930, the then Colonial Government executed a Deed of Exchange with the Osu Stool and its elders in respect of certain parcels of land in Accra, notably, Ridge, Dzorwulu, and Osu. The lands were described in the first, second, and third Schedules of the Deed of Exchange. By the Deed of Exchange, the Osu Stool was acknowledged and recognized as the only Stool to deal with or grant the said lands which included the two (2) plots, subject matter of the present appeal (Plot Nos. 53 and 54, 5th Avenue, Osu Mantse’s Layout, European Residential Area).

Following this, the Osu Stool effected various grants to persons including Barclays Bank (Dominion Colonial or Overseas), 1st Defendant/Appellant/Appellant’s predecessor-in-title. Subsequently, on the 18th of September 1964, the President of the Republic of Ghana vested certain lands in the Osu Mantse’s Layout in himself in trust for the Osu Stool pursuant to the Accra-Tema City Sto…