[2010]DLSC2559 • June 29, 2010 • Supreme Court •
EDWARD AWUKU vs. BRYNE YAW ATTIGAH AND EMMANUEL KOFI TETTEH
The dispute concerns land at Maamobi, part of Osu Stool lands, with competing claims by the 1st, 2nd, and 3rd claimants. The 1st claimant's title derived from a grant by his uncle, who obtained it from the caretaker of Maamobi lands, later purportedly ratified by the Osu Mantse. The 2nd claimant's title was from a grant by the Osu Mantse to his father. The 3rd claimant claimed occupation since 1974 and a grant in 1986. The Land Title Tribunal initially ruled in favor of the 1st and 2nd claimants, but this was reversed by the High Court. The Court of Appeal affirmed the High Court's decision, leading to the present appeal by the 1st claimant.
read moreANSAH, JSC:- This is an appeal from the judgment of the Court of Appeal, coram, E.K. Piesare (presiding), S.K. Marful Sau and Mariama Owusu JJA, dated 13th March 2008, in which the court dismissed the appeal against the judgment by the High Court which had set aside the judgment of the trial Land Title Tribunal. It is against this judgment that the present appeal has been brought to us on the following grounds of appeal, namely that: “i) The Court of Appeal misdirected itself and caused a substantial miscarriage of justice when it held that the grant to the appellant was null and void because the caretaker of Osu stool lands had no authority to grant Osu stool land when the case of the Appellant was that the caretaker in his position as an agent of the stool granted the land to Appellant’s grantor which grant was ratified/endorsed concurrently with the execution of the document by his principal the then Osu Mantse Nii Dowuona V. ii) The Court of Appeal misdirected itself in giv...