AIDOO vs. ADJEI AND OTHERS

The dispute concerns a 200 ft. by 150 ft. plot of land at Jukwa with a residence and two zinc sheds. The appellant, Aidoo, acquired the land by a conveyance dated 12 October 1960 from Central Property Co., Ltd., then in liquidation. The land had been in possession of the vendors and their predecessors since about 1911. In 1972, the first respondent entered part of the land and erected a 'chop bar', claiming authorization from the second respondent, the Omanhene of Denkyira. The appellant contested this, claiming ownership and sued for declaration of title and damages for trespass. The respondents, including the Omanhene and Jukwamuhene, claimed ownership and asserted the land would revert to the stool upon cessation of use by the company. The appellant proved the conveyance and possession history, while the respondents relied on traditional oral evidence of a mere grant with reversion rights to the stool. The trial judge accepted the respondents' traditional evidence and dismissed the appellant's claim. The Court of Appeal reviewed the evidence and found the traditional evidence improbable and unsupported, and held that the appellant had established ownership by conveyance and possession.

JUDGMENT OF APALOO J.A. The dispute in this case relates to a piece of land at Jukwa measuring 200 ft. by 150 ft. and abutting the Cape Coast-Jukwa road. It contains what was described in the site plan as a “residence” and two zinc sheds. By a conveyance dated 12 October 1960, and made between the Central Property Co., Ltd. then in liquidation and acting by a Mr. Frederick William Wilson therein described as the liquidator and J. J. Aidoo, the appellant, this plot together with the structures on it were conveyed to the latter “for an estate in possession free from incumbrances Unto and To the Use of the Purchaser his heirs, successors according to native law personal representatives and assigns for ever.” The evidence shows that before the sale to the appellant, his vendors and their predecessors-in-title have been on the land for nearly half a century. The time was variously put at 1911 and 1912. The structures on the land were erected by the vendors. Some time in N...