THOMAS AWINE AKURUGU V. ALHAJI OSUMAN

RULING ON MOTION ON NOTICE FOR INJUNCTION 

In paragraph 4 of the plaintiff’s affidavit in support, the plaintiff avers that he got a  customary grant of the land in dispute from one Joseph Amon Kotey in 2013 and he  further states in paragraph 5 that the said Joseph Amon Kotey gave him an indenture  to confirm the said customary grant. The authorities are clear that a customary grant  can be reduced into writing but when it is reduced into writing, it is effective still as  a customary grant and it takes effect from the original date of the grant and not from  the date of the documentation. Brown v. Quarshigah [2003-2004] SCGLR 930, Sarkodie v. FKA Co. Ltd [2009] SCGLR 65, and Dovie and Dovie v. Adabanu [2005- 2006] SCGLR 905 refer. 

The said indenture confirming the grant is attached as Exhibit B. While the supposed  customary grant was made in 2013, the document confirming the grant is dated 10th February 2011, two years before the said customary grant. The said document is also  a …