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IN RE BONNEY (DECD); BONNEY V. BONNEY

(1993) JELR 68227 (SC)

Supreme Court  •  12 Jan 1993  •  Ghana

Coram
ARCHER CJ JSC, WUAKU JSC, AMUA-SEKYI JSC, AIKINS JSC, EDWARD WIREDU JSC, BAMFORD-ADDO JSC, CHARLES HAYFRON-BENJAMIN JSC

Judgement

ARCHER CJ.: My brothers and sister have placed their respective judgments at my disposal earlier and I agree that the appeal should be dismissed.

The appellant’s case rests mainly on a hopeless reliance on sections 4 and 7(1) of the Conveyancing Decree, 1973 (NRCD 175) now repealed by the Land Title Registration Law, 1986 (PNDCL 152). I must remark that those provisions could never have been implemented by the Chief Justice as they were not only utopian but also smacked of impracticable idealism. The evidence clearly shows that there was a valid customary gift to the respondents and it follows that, that grant cannot be rendered nugatory or invalid by the futile invocation of a useless piece of legislation which was never implemented.

WUAKU JSC.

I agree that the appeal be dismissed.

AMUA-SEKYI JSC.

I also agree that the appeal be dismissed.

AIKINS JSC.

On 10 May 1990 the Court of Appeal by a split decision dismissed the appeal against the decision of the High Court, Accra which gave judgment…

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