[2012]DLCA3124April 27, 2012Court of Appeal

EDWARD OSEI vs. NANA GUAHYIA ABABIO

IRENE C DANQUAH JA This appeal emanates from the decision of the Circuit Court, Obuasi delivered on 24th May, 2011 thus: “These basic uncontroverted facts between the parties raises a crucial legal point which was not addressed by either of the parties. That is whether the grant of a stool land to the Defendant complied with all the legal statutory requirements for it to be valid. ……… It therefore follows therefore that any interest in the land in dispute to the Defendant by the Plaintiff would be null and void unless the consent and concurrence of the Minister for Lands was obtained. Throughout the trial, no shred of evidence was led to indicate that any grant by the Plaintiff to the Defendant was made with the consent and concurrence of the Minister of Lands. Therefore in the view of the Court, any purported grant by the Plaintiff of any part of the New Edubiase Stool would be null and void and of no effect whatsoever. It would therefore be wrong for the Court to hold th...