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PASTOR YAW BOATENG V. KWADWO MANU & ANOR

(2006) JELR 68374 (SC)

Supreme Court  •  CIVIL MOTION NO. J8/42/2006  •  18 Nov 2006  •  Ghana

Coram
ATUGUBA J.S.C. (PRESIDING), MRS. WOOD J.S.C., BROBBEY J.S.C., ANSAH J.S.C., ANINAKWAH J.S.C.

Judgement

JUDGMENT

ATUGUBA, J.S.C

This is an application for special leave to appeal to this court. The suit originated in the Circuit Court, Kumasi, whence the Plaintiff/Appellant/Applicant (hereinafter referred to as the Applicant) appealed unsuccessfully to the Court of Appeal. The applicant's application to the Court of Appeal for leave to appeal to this court was also dismissed.

The Applicant contends that an issue as to whether an allocation note relating to land is registrable or not which arose in the case and attracted a split decision in the Court of Appeal is one of public importance, since “it is a matter of public knowledge that transactions relating to the sale or grant of stool or family lands for building purpose in Ghana is usually preceded by the issuance of an Allocation Note by the grantor and it will be stretching the law too far to require that such Allocation Notes be registered before they can become valid as held by the majority." This is a contention arising solely, ab in…

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