[1966]DLSC1682 • April 18, 1966 • Supreme Court •
DOVE vs. WUTA-OFEI
The plaintiff (Dove) obtained customary grants of land from the Osu Alata stool and erected buildings on the land. The defendant (Wuta-Ofei) claimed title to the same land based on a prior customary grant confirmed by a deed of conveyance from the Osu stool. The plaintiff's title was challenged as defective because the land was Crown land, and previous judgments had ordered possession in favor of the defendant. The plaintiff relied on the Land Development Protection of Purchasers Act, 1960 (Act 2) to set aside the possession order and claim ownership, asserting he built in good faith under a reasonable belief of title.
read moreJUDGMENT OF SIRIBOE J.S.C. This is an appeal from the judgment of Akainyah J. (as he then was) delivered on 10 December 1962, in favour of the plaintiff-respondent (hereinafter referred to as plaintiff). The plaintiff’s claim against the defendant-appellant (hereinafter referred to as the defendant) is as follows: “(1) An order of the court under the Land Development (Protection of Purchasers) Act, 1960 (Act 2), setting aside the order for possession made by the Land Court, Accra, (van Lare J.) dated 2 September 1955, and confirmed by the judgment of the West African Court of Appeal dated 29 November 1956, and by the Judicial Committee of the Privy Council dated 24 July 1961, in favour of the defendant herein against the plaintiff herein in respect of the property described in the schedule hereunder. (2) A consequential order declaring the plaintiff the owner of the said property.” The schedule referred to states as follows: “All that piece or parcel of land together wi...