[1984]DLCA902 • May 21, 1984 • Court of Appeal
CONNEY vs. BENTUM – WILLIAMS
The dispute concerns a parcel of land at McCarthy Hill, Accra originally granted by the James Town Mantse to George Frank Okpesisa Cleland in 1957. Cleland sold a portion to Emmanuel Kofi Danso in 1964, who subsequently sold it to Maxwell Elliot Badu, and then to the plaintiff/respondent. The defendant/appellant claimed title through Cleland's will, alleging the 1964 conveyance to Danso was forged. The plaintiff alleged unlawful trespass by the defendant who commenced building on the land without consent.
read moreJUDGMENT OF ABBAN JA Abban J.A. delivered the judgment of the court. In 1957 the James Town Mantse, Nii Kofi Akrasi II, granted a piece of land about 1.561 acres, situate and lying at McCarthy Hill, Accra to George Frank Okpesisa Cleland. The grant was evidenced in writing by a deed of conveyance dated 23 January 1957 and registered as Lands Registry No 2776 1958, exhibit B. According to the plaintiff - respondent (hereafter called the plaintiff) George F O Cleland by a deed of conveyance dated 5 June 1964 and registered as Lands Registry No 1401/1972, exhibit C, sold a portion of this land to one Emmanuel Kofi Danso. It is this portion which is the subject matter of the present dispute. The said Emmanuel Kofi Danso by a conveyance dated 19 December 1964 and registered as Lands Registry No 179/1965, exhibit D, sold the disputed land to a Maxwell Elliot Badu who in turn sold it to the plaintiff-respondent by a deed of conveyance dated 1 August 1969 and registered as Lands Registry No...