[2006]DLSC17798 • November 8, 2006 • Supreme Court •
BOATENG (NO1) vs. MANU (NO1)
The applicant, having unsuccessfully appealed from the Circuit Court Kumasi to the Court of Appeal, sought special leave to appeal to the Supreme Court. The dispute concerns the registrability of an allocation note relating to land, customary land allocation by the Oman of Basore, and issues of fraud and validity of customary arbitration awards.
read moreRULING ATUGUBA JSC This is an application for special leave to appeal to this court. The suit originated in the Circuit Court, Kumasi whence the plaintiff-appellant-applicant (hereinafter referred to as the applicant) appealed unsuccessfully to the Court of Appeal. The applicant's application to the Court of Appeal for leave to appeal to this court was also dismissed. The applicant contends that an issue as to whether an allocation note relating to land is registerable or not, which arose in the case and attracted a split decision in the Court of Appeal is one of public importance because: "it is a matter of public knowledge that transactions relating to the sale or grant of stool or family lands for building purposes in Ghana is usually preceded by the issuance of an allocation note by the grantor and it will be stretching the law too far to require that such allocation notes be registered before they can become valid as held by the majority." This is a contention arising ...