[1961]DLHC1978 • February 11, 1961 • High Court
ANKRAH vs. OFORI
The plaintiff sued under the Land Development Protection of Purchasers Act, 1960, seeking relief after a possession order was made against him due to defective title. The plaintiff admitted being out of time to bring the action but alleged that the defendant committed fraud by making oral and written assurances that his house would be restored without court action, inducing delay. The defendant initially promised restoration but later repudiated the assurances, pleading limitation. The plaintiff claimed payment of £G20 as part payment related to these assurances. The defendant denied fraud and contended the court lacked jurisdiction to extend time under the Act.
read moreJUDGMENT OF AKAINYAH J. In this action the plaintiff sues under the Land Development (Protection of Purchasers) Act, 19601 for the relief set out in his writ. Section 2 (1) of the said Act reads as follows: “Where— (a) a person (in this section referred to as the purchaser) took a conveyance of land in a prescribed area at some time after 31st December, 1944 and before the date on which the area became a prescribed area, and (b) the purchaser or a person claiming through him, in good faith erected a building on the land, and (c) a possession order was made in relation to the land in proceedings finally disposed of before the date on which the area became a prescribed area, and was so made by reason that the conveyance taken by the purchaser did not operate to confer on him the title to the land, the person against whom the possession order was made may, at any time within twelve months after the date on which the area became a prescribed area, apply to the High Co...