[1977]DLCA1371 • June 27, 1977 • Court of Appeal
NTEM vs. ANKWANDAH
The respondent (plaintiff), acting through her husband, purchased a plot of land from the Akumajay stool in 1970 and obtained a deed of conveyance, which was stamped but not registered due to the registrar's refusal based on the non-gazettement of the stool chief. The plaintiff was put in possession and maintained possession by weeding. The appellant (defendant) later entered the land with machinery, claiming title through a conveyance from the Allotey family, who asserted title based on a grant from the same stool but with a less direct chain. The defendant ignored warnings and continued building on the land despite the plaintiff's legal actions to recover possession.
read moreJUDGMENT OF APALOO C.J. On 1 September 1970, the respondent (whom I shall hereafter call the plaintiff) acting by her husband, bought from the Akumajay stool, a piece of land measuring 100 ft. by 70 ft. at a place called New Abossey Okai. On 27 October of that year, the stool acting by certain named individuals executed a deed of conveyance of the plot her favour. The stool entered into the covenants normally implied by the use of the term “beneficial owner.” In compliance with section 14 of the Stamp Act, 1965 (Act 311), the plaintiff had the conveyance duly stamped. She also attempted to comply with section 24 (1) of the Land Registry Act, 1962 (Act 122), by having the document registered. The registrar of lands however declined to register the instrument because, Nii Ayikai III who executed the deed with a number of the stool elders was then not gazetted. On this account, the deed was unregistered and was produced in evidence as such. This fact was stressed in the court below...