[2018]DLCA4705May 24, 2018Court of Appeal

EMMANUEL ABLADE GLOVER vs. DEE AND 3 OTHERS

AVRIL LOVELACE-JOHNSON JA: The present appeal has been launched by the Plaintiff/Appellant against the judgment of the circuit court delivered on 30th January 2013 on the following grounds 1. The plaintiff’s claim having been founded on his Land Title Certificate (No. GA 3406) the learned trial judge failed to appreciate the force and effect of sections 18 (1) and 43 (1) of the Land Title Registration Law 1986, PNDCL 152 and hence misdirected himself on the applicable law. 2. Considering the admission by the Defendants that the land in dispute was originally owned by the Asere stool the learned trial judge erred in his finding that the co- defendant’s grantor E.C. Otoo was the owner at the time of his grant to Benjamin Komla Debrah in view of the evidence that E.C. Otoo acquired his land from a person other than the Asere Mantse as against the plaintiff who obtained his grant from the Asere Mantse. 3. The leaned trial judge failed to appreciate that E.C. Otoo having concurred i...