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ODAMETEY V. CLOCUH AND ANOTHER

(1989) JELR 68068 (SC)

Supreme Court  •  8 Mar 1989  •  Ghana

Coram
ADADE JSC, TAYLOR JSC,FRANCOIS JSC,WUAKU JSC,AMUA-SAKYI J.S.C.

Judgement

TAYLOR J.S.C.: This is an appeal from a judgment of the Court of Appeal dated 12 November 1984 which unanimously set aside a decision of the circuit giving in favour of the plaintiff herein. The case is a typical instance of the dishonest conduct of some landlords in the Accra Metropolitan Area. It involves real estate transactions of two sales on different dates by the Akumajay stool of the same piece of Akumajay stool land by separate conveyances. The first was to the plaintiff and the second was in favour of a vendor of the second defendant. An elaborate statement of the facts will highlight the reasoning behind the legal considerations which the trial circuit court and the Court of Appeal respectively utilised in resolving the resultant dispute.

The appellant was the plaintiff in the circuit court. In her statement of claim she alleged that she had a customary grant of the land in 1962 from the Macleans and “that immediately after the said grant she went into possession and has sin…

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