SASU AND ANOTHER V. AMUA-SEKYI AND ANOTHER

SOWAH CJ: On 1 June 1987, this court gave judgment in this appeal and reserved its reasons which we now proceed to give.

This is an appeal from the judgment of the Court of Appeal (delivered on 12 August 1985: see Amua-Sekyi v. Sasu [1984-86] 2 GLR 479, CA in which that court overturned the judgment of the High Court and entered judgment for the plaintiffs for the reliefs claimed on their writ of summons.

The facts of this case are simple indeed and should have presented no difficulty especially as the law applicable is one of basic principles of customary land law. Unfortunately there appears to be some divergence between the plan attached to the plaintiffs’ and their vendor’s conveyance and the physical position of the land:

Briefly the facts are that on or about October 1959 Nii Ayiku II, Akumajay Mantse, conveyed a piece of Akumajay stool land to Hutton George Addy, a subject of the stool. Apparently, Addy paid the usual customary fee and was given a receipt dated 24 October 1959. Th…