[1987]DLSC805 • June 24, 1987 • Supreme Court •
SASU AND ANOTHER vs. AMUA-SEKYI AND ANOTHER
In October 1959, the Akumajay stool conveyed a piece of stool land to George Hutton Addy, who paid the customary fee and received a receipt. Addy later lost the receipt in a fire and obtained a confirmatory deed in 1977. Subsequently, Addy sold the land to the first plaintiff, Kobina Amua-Sekyi, in 1967. Around 1977, the first plaintiff discovered the defendant trespassing and building on the land, leading to this dispute over title and possession.
read moreJUDGMENT OF SOWAH CJ On 1 June 1987, this court gave judgment in this appeal and reserved its reasons which we now proceed to give. This is an appeal from the judgment of the Court of Appeal (delivered on 12 August 1985: see Amua-Sekyi v Sasu [1984-86] 2 GLR 479, CA in which that court overturned the judgment of the High Court and entered judgment for the plaintiffs for the reliefs claimed on their writ of summons. The facts of this case are simple indeed and should have presented no difficulty especially as the law applicable is one of basic principles of customary land law. Unfortunately there appears to be some divergence between the plan attached to the plaintiffs’ and their vendor’s conveyance and the physical position of the land: Briefly the facts are that on or about October 1959 Nii Ayiku II, Akumajay Mantse, conveyed a piece of Akumajay stool land to Hutton George Addy, a subject of the stool. Apparently, Addy paid the usual customary fee and was given a ...