Essential Themes in Land Law Customary Law

By Alexander Osei Tutu

Justice Alexander Osei Tutu demonstrates a finesse in legal thinking that few can match. This book comes to complement his bourgeoning legal scholarship and serves to enrich the literature in the diverse substantive and procedural fields of law the two volumes cover. Lawyers, Judges, scholars and students will truly find the book a handy source material in their endeavours.

 

Professor Ernest Kofi Abotsi

Dean, Faculty of Law, UPSA

 

 

This book is not just another addition to myriads of works on Ghanaian land law but more importantly a critical perspective on aspects of our law that have been significantly affected by provisions of the new Land Act 2020 and the groundbreaking modifications being made by our Supreme Court to land law and customary law at a rather fast pace than before. The author does not merely synthesize these new developments but seeks to deploy probing scholarship in exploring these contemporary trends in Ghanaian law.

The audacity of the author to pinpoint manifest problematic dimensions of the provisions of the new Land Act in relation to well known doctrines like allodial title, eminent domain, and spousal property rights provides unique enthusiasm that propels the reader to seek to engage other topics in different chapters of the book so as to arrive at the destination the author is gravitating towards with his thought provoking and critical expositions. 

Undoubtedly, the book deals with themes that are carefully selected in terms of currency, relevancy and utility to lawyers, judges, law makers, law students and members of the public. This great work must certainly be read by everyone who is determined to appreciate recalibration of many areas of Ghanaian law in contemporary times.

 

Dr. Ernest Owusu-Dapaa

Dean, Faculty of Law

Kwame Nkrumah University of Science and Technology, Kumasi.

 

 

• Language: English
• Publisher: Alexander Osei Tutu
• Release date: May 31, 2022
• ISBN: 9798201034603

Book preview

Endorsements

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I have had the privilege to peruse through this book by the learned author, Justice Osei Tutu. And I have one adjective to describe the book:

‘IMPRESSIVE’!  The learned author and Justice of the High Court adds to the growing list of Justices of Ghana’s Superior Courts who have authored law books which have indubitably contributed to enrich legal research and practice in this country. 

Particularly for practicing lawyers at the Bar, it is refreshing to have our judges author books, to not only add to the existing legal literature but to appreciate the mindset of our judges and perspective from the Bench, in whose bosom the law lies. Judges, as public officials, I surmise, have a great deal to contribute to demystifying principles of law and its practice at our courts; and this is what the author has accomplished by this book.

The learned author, since his elevation to the High Court in 2013 has had a reputation for being a stickler for details and affirnity for scholarly writings and judgments – a skill such that he effortlessly brings to bear in this book. I thus strongly recommend this book to lawyers, law students and lecturers, who would without a smidgen of doubt, greatly find it instructive in their legal endeavours.

Yaw Boafo Esq.

National President, Ghana Bar Association

––––––––

Justice Alexander Osei Tutu demonstrates a finesse in legal thinking that few can match. This book comes to complement his bourgeoning legal scholarship and serves to enrich the literature in the diverse substantive and procedural fields of law the two volumes cover. Lawyers, Judges, scholars and students will truly find the book a handy source material in their endeavours.

Professor Ernest Kofi Abotsi

Dean, Faculty of Law, UPSA

––––––––

This book is not just another addition to myriads of works on Ghanaian land law but more importantly a critical perspective on aspects of our law that have been significantly affected by provisions of the new Land Act 2020 and the groundbreaking modifications being made by our Supreme Court to land law and customary law at a rather fast pace than before. The author does not merely synthesize these new developments but seeks to deploy probing scholarship in exploring these contemporary trends in Ghanaian law.

The audacity of the author to pinpoint manifest problematic dimensions of the provisions of the new Land Act in relation to well known doctrines like allodial title, eminent domain, and spousal property rights provides unique enthusiasm that propels the reader to seek to engage other topics in different chapters of the book so as to arrive at the destination the author is gravitating towards with his thought provoking and critical expositions. 

Undoubtedly, the book deals with themes that are carefully selected in terms of currency, relevancy and utility to lawyers, judges, law makers, law students and members of the public. This great work must certainly be read by everyone who is determined to appreciate recalibration of many areas of Ghanaian law in contemporary times.

Dr. Ernest Owusu-Dapaa

Dean, Faculty of Law

Kwame Nkrumah University of Science and Technology, Kumasi.

––––––––

Over decades the statutory law of Ghana on land was the subject of extensive debate, studies and research by lawyers, Judges, academics, institutions in the land sector, families, stools and the general public. The issues include but not limited to types of legal interests in land, security of title, registration of title and conflicting court judgments. This has culminated in the enactment of the Land Act, 2020 (Act 1036).

The new Land Act seeks to bring clarity and certainty to the issues and makes statutory some of the judgments delivered by the courts over the years. In this book, Justice Osei Tutu demonstrates his usual industry and commitment to legal scholarship which is evident in his judgments. He brings to bear his forensic approach to application of laws in an erudite manner.

The structure of the book makes for easy understanding of the Land Act and relevant judgments of the courts. It is a very worthy contribution towards the development and understanding of land law in Ghana and land administration by public officers. It is recommended as a useful source of material for law students, lawyers, judges, institutions in the land sector and administration.

Alex Nii Kweite Quaynor

National Chairman, Lands Commission

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As a renowned and celebrated jurist, the author has painstakingly engineered this brilliant work to nurture other jurists, legal practitioners and scholars to deepen their knowledge of the law. Indeed, this work will engage the critical and probing minds for ages to come.

Justice Edward Amoako Asante JA

President, Ecowas Court of Justice

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It is said, a lawyer is as good as his brief. The writer, Justice Alexander Osei Tutu, has through painstaking efforts dissected complex legal issues with ease. It is a masterpiece of brevity and the industry put in it by the writer makes this book a must have legal material for Lawyers, Judges, Lecturers and law students. Reading through the manuscripts, it came to me without any shred of doubt that, the writer is a top-notch legal scholar whose quest to research into current legal issues knows no bounds. As a legal practitioner, your brief may not be good as you may want it, if you ignore this book. It is a legal succour.

Hon. Alfred Tuah Yeboah

Deputy Attorney General & Minister of Justice of the Republic of Ghana

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Essential Themes in Land Law

Customary Law

Alexander Osei Tutu

Copyright © 2022 by Alexander Osei Tutu 

The right of Alexander Osei Tutu to be identified as the author of this work has been asserted by him in accordance with the Ghana Copyright Act, 2005 (Act 690).

All rights reserved. No part of this publication may be reproduced, stored or transmitted in any form or by any means, electronic or mechanical, including photocopy, recording or any information storage or retrieval system, without permission in writing from the author except for brief quotations in books, articles and critical reviews.

Published in Accra, Ghana by ADVENT PRESS

E-mail: [e-mail]

Osei Tutu, Alexander

Essential Themes in Land and Customary Laws / by Alexander Osei Tutu Includes Index

ISBN: 978–9988–3–3549–6

11.. Law  Law  2.  Land Law 2. Land Law 3. Land   3.  Land 4. Customary 4.    Customary

DEDICATION

––––––––

To my parents, Samuel Geoffrey Adu and Comfort Konadu, my first teachers in life; the late Justice Obeng Manu and Hon. Kwame Anyimadu Antwi for taking me through the rudiments at the Bar; and Justice Victor Ofoe, for his great mentorship and relentlessly shaping the rough edges of my legal thoughts. 

Contents

DEDICATION

Foreword

Preface

Acknowledgement

List of Local Cases

Foreign Cases

List of Subsidiary Legislations

List of Constitutional Provisions

General Reference

List of Ghanaian Authors/Writers

List of Foreign Articles

CHAPTER 1

CHAPTER 2

The Decline of Allodial Title in Ghana

CHAPTER 3

Complexities Surrounding the Land Holding Role of Tendana in Modern Ghana

CHAPTER 4

When Long Possession Can Ripen Into Ownership

CHAPTER 5

The Land Guards’ Provision:

Section 12 of the Land Act Digested

CHAPTER 6

CHAPTER 7

Accountability of Fiduciaries: Is the Law Discriminatory?

CHAPTER 8

Stool or Family as a Party: Suit Title in Whose Name; the Individual or the Entity?

CHAPTER 9

A Look at the Customary Land Secretariats Created Under the Land Act

CHAPTER 10

The Scope and Limitation of the Provisions on Spousal Property Rights Under the Land Act

CHAPTER 11

The Role of Statutory Declarations in Land Litigation

CHAPTER 12

Does the Circuit Court Have the Same Jurisdiction with the High Court in Land Cases?

CHAPTER 13

Alternative Dispute Resolution in Land Adjudication

CHAPTER 14

Constitutionality of Restrictions Under the Land Act

CHAPTER 15

Re-Entry and Forfeiture Provisions Reformulated

CHAPTER 16

Customary Land Grants and Acquisition: The Current Position of The Law

CHAPTER 17

Assignment or Subletting Without Lessor’s Consent

CHAPTER 18

Proof of Instruments: Some Comments

CHAPTER 19

21st Century Restatement of The Principle in Kponuglo V. Kodadja

CHAPTER 20

Diversity of Succession in Some Ghanaian Communities and Historical Accounts

CHAPTER 21

Identifying Some Drafting Errors and Ambiguities

CHAPTER 22

Where Law and Grace Meet

CHAPTER 23

Land Law and Property Rights in Biblical Context

INDEX

ABOUT THE AUTHOR

Foreword

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I was pleasantly surprised when Justice Alexander Osei Tutu requested me to write the Foreword to his well-researched and chronicled book,

Essential Themes in Land Law and Customary Law.

In this respect, the learned Judge has joined the growing number of distinguished Judges who have been able to write invaluable books on Law. Some of these Judges include Justice S. A. Brobbey who is still writing, my late distinguished brother, Justice Samuel Kofi Marful-Sau, Justice Dennis Adjei, Justice Anthony Yeboah, just to mention a few.

Justice Alexander Osei Tutu’s outstanding new book, masterfully and skillfully written, reflects his dual perspectives as a seasoned legal practitioner and a scholarly and astute Judge. This exciting and intriguing Essential Themes in Land Law and Customary Law as the book is called emphatically recounts and details all the important Land Law legal principles which find everyday application in the courts and have been embodied in the Land Act, 2020 (Act 1036).

The author herein has dealt with the main subject matter of this book which is Land in a very admirable fashion. This book has treated the Land Act, 2020 with its new innovative provisions, which includes the many criminal sanctions and imperatives such that the reader gains an insight into this very progressive Act.

The Land Act of 2020 no doubt has introduced many changes into the customary land holdings in Ghana by its attempt to comprehensively bring all the incidents of customary land law holdings from the Allodial, Usufruct, and to the various tenancies in a holistic and authoritative manner.

The learned author then considered the complexities surrounding the role of the Tendana in modern Ghana, which has not been recognised under the Land Act.

Section 13 of the Land Act, which has as its short title Management of Stool or Skin, or Family Land is a bold attempt by the author to draw parallels from Article 36, clause 8 of the Constitution 1992 and how the Land Act has sought to satisfy the provisions of the Constitution referred to supra. Even though the author has some reservations about the scope of these provisions in Section 13 thereof, all said and done, the Section 13 provisions are a welcome phenomenon and we wait to see how the courts will interpret it to give it either a wider or restrictive meaning as suggested by the learned author.

As a Legal Practitioner and an outstanding High Court Judge who has distinguished himself in many landmark decisions, the author beautifully deals with all the provisions of the Land Act that deserve to be mentioned. For example, from pages 193 to 213 of the book, the learned author expressed misgivings about practitioners not complying with the Rules of Court in endorsing the capacity of stools or families on behalf of whom they institute actions denoting those entities correctly. Commenting on the above phenomenon, the learned author writes thus:

It is worrying that whereas the drafters of the rules have clearly and consistently catered for the procedure in which suits involving families and stools are to be litigated, some land law practitioners with the implicit endorsement of the courts have constantly overlooked this simple rule.

The rule being referred to in this instance is Order 4 Rule (9) of C.

I. 47 which provides 

"Representation of Stools and Families 

9 (1)  The occupant of a stool or skin or, where the stool or skin is vacant, the regent or caretaker of that stool may sue and be sued on behalf of or as representing the stool or skin.

(2)  The head of a family in accordance with customary law may sue and be sued on behalf of or as representing the family."

Topics dealt with admirably with incisive comments and analysis under the Land Act are the Customary Land Secretariats, the vexed issue of the scope and limitation of the provisions on spousal property rights, Statutory Declarations in Land Litigation, Alternative Dispute Resolution in Land Litigation, Constitutionality of Restrictions, The Reformulation of the provisions of Re-Entry and Forfeiture.

After referring to Sections 38 (3) & (4), 47, 97 (4) & (5) and 125 (6) and (7) all of the Land Act, and Article 22 of the Constitution 1992, which deals with the property rights of spouses, the author concluded on page 245 as follows:

The legislature needs to be commended for the effort in giving some effect to Article 22 of the Constitution. However, it appears that a lot more has to be done to achieve the optimum objective of the constitutional provision. Parliament is still expected to come out with a comprehensive legislation that would adequately cover all property rights of spouses including movable properties not only properties acquired during the pendency of a marriage, but upon divorce and death also.

On the vexed issue of whether the Circuit Courts have the same jurisdiction in land matters as the High Courts, this is how the distinguished author after an incisive and impeccable analysis concludes the debate on pages 268 and 269 of the book as follows:

It must be emphasized that the value of land is not the only factor that determines the jurisdiction of a court. It is instructive to note that the fact that the Circuit Court can exercise jurisdiction over land of any value just as the High Court does not in any way clothe it (Circuit Court) with jurisdiction in all land matters. It is common knowledge that lower courts, including the Circuit Court, have no jurisdiction except that expressly conferred on them by law. 

See cases like Dolphyne v Speedline Stevedoring Co. Ltd [199798] 1 GLR 786 SC and Hausa & Anor. v Dawuda [1961] 2 GLR 550 at 552.

The author exhibited rare academic and professional expertise in dealing with subjects like identifying some drafting errors and ambiguities, Customary Land Grants and Acquisitions – (the current position of the law), Assignment or subletting without Lessor’s consent, Proof of Instruments, some comments and finally the 21st Century Restatement of the Principle in Kponuglo v Kodadja reported in [1933] 2 WACA 24.

After surgically analyzing the principle in Kponuglo v Kodadja supra and also comparing it with the decisions in other cases like Mensah v Peniana [1972] 1 GLR 337 at 342, Nana Brafo Dadzie II v John King Arthur & Others [2017] DLSC 2508 [C.A No J4/20/2016 dated 20/01/2017] unreported and also Hydrafoam Estates (Gh) Ltd. v Owusu (per lawful Attorney) Okine and Others [2013-2014] 2 SCGLR 117 the distinguished author concluded on page 343 as follows:

In conclusion, it should be borne in mind that Kodadja continues to be the main character we look up to in our land courts when a person’s title is put in issue. However, we should not be oblivious of the fact that after being in and out of the surgical theatre, Kodadja has lost steam and has taken on a new shape and form in the 21st century in our country’s jurisprudence. I therefore entreat you to spend some time and examine its body closely the next time you meet her for you are likely to see scars on her mutilated body.

Section 12 of the Land Act, 2020 (Act 1036) has criminalised the activities of Land Guards in an attempt to make this hitherto troublesome phenomenon an unprofitable venture. Being a new concept of criminal jurisprudence that has been introduced into Land Administration aimed at sanitising this aspect of Land administration, it is expected that Judges and Lawyers will rise up to the occasion and give direction and guidance in this respect. This will ensure that the benefits intended to be enjoyed by the people will infact materialise into reality.

I hope it is these concerns in mind that led the learned author to deal extensively with this Section 12 of the Land Act from pages 133 to 148 where he concluded thus:

Finally, in view of the drafting issues associated with the Section, it is expected that the law maker would take immediate and remedial steps to bring some clarity in the law. Until that is done, lawyers and Judges, in particular, are encouraged to acquaint themselves thoroughly with the provisions of the section in their bid to dispensing justice to land owners and developers so as to achieve the intended objectives of the legislature.

This landmark book by Justice Osei Tutu is definitely a living and authoritative scholarly work which has put on the surgical table the Land Act of 2020 (Act 1036) in relation to the practice of the law in the Courts. It is a comprehensive work detailing from the authors perspectives and analyzes the narrative of previous scholarly works by Ollenu JSC and others and especially the many authoritative decisions of the Superior courts. This is a truly indispensable book to Judges, active legal Practitioners, Academics and students. The language of the book is simple and friendly and makes reading very easy to understand.

I will end this foreword by endorsing the statement of George Washington in a letter to Jonathan Boucher dated 9th July 1771 wherein he stated thus:

A knowledge of books is the basis upon which other knowledge is to be built.

See the Quotable Founding Fathers edited by Buckner F. Melton, Jr at page 30.

An investment in the purchase of this book will no doubt lead to acquiring vast knowledge in Land Law in general with specific reference to the provisions of the Land Act, 2020 (Act 1036) and how it is to be applied by the Land Administrator and the Law courts.

Victor Jones Mawulom Dotse

Justice of the Supreme Court of Ghana

Preface

––––––––

When I started writing weekly articles dubbed ‘Friday Legal Corner’, I received numerous requests from some members of the Bench and the Bar to write a book for easy reference, which I heeded to. In the course of writing the book, the new Land Act (Act 1036) was enacted. Act 1036 repealed most of the land statutes and introduced several novel concepts into land administration in Ghana.

Among the new concepts were the provisions of accountability of fiduciaries, the creation of a customary land secretariat, emphasis on Alternative Dispute Resolution in resolving land disputes and Spousal Property Rights.

Mindful of the availability of a good number of land law textbooks on the shelves at the bookshop, I decided not to write a book on the entire land principles but to focus on some of the revolutionary provisions introduced in the Land Act 1036. The reason was to assuage possible challenges that judges, lawyers and students may be confronted with in their application and study of land law.

It is a known fact that communal lands in Ghana are owned by stools, skins, clans and families. Therefore, I well-thought-out that the experience that I had gained in private practice in the Ashanti region  where lands are held by stools; presiding over land cases at Dormaa Ahenkro Circuit Court and Sunyani High Court in the former Brong Ahafo Region where a considerable portion of the land are held by the State in trust for the stools and families as well as in Tema and Accra in the Greater Accra Region to adjudicate on various land issues, could be brought to bear in a book, because I had come to appreciate some of the challenges confronting land administration in Ghana.

Writing on the selected topics discussed in this book has been a dauting enterprise for two main reasons. First, Act 1036 being a new legislation with some neoteric concepts, there was no judicial decision or material to serve as a guide and had to fall on general literature on land. Second, I was determined to go beyond the usual style of writing, to wit- ‘the law is this, the law is that’ (as I knew judges, lawyers and law student can by themselves read the Act and understand it so, there was virtually no need restating the law). I was determined to go the extra mile to raise critical issues inherent in the new law for painstaking reflection with the view to helping the courts, lawyers etc. in applying the law in a holistic and purposeful manner.

‘Essential Themes in Land Law and Customary Law’ is thus, the first volume of my two books (The second volume which focuses on civil procedure and litigation is in the offing and will be out in some few days). In selecting the topics discussed in this book, I took into consideration, the provisions of the Land Act and concepts that affect practically every Ghanaian. 

The book comes in handy for lawyers who may be invited to churches and other programmes to speak on Wills and land in general. Hence, it is recommended not only to lawyers, judges and law students, but also parliamentarians, legal drafters, law lecturers, ADR practitioners, land administrators, land registrars and court registrars. Every stool, skin, clan, family or church is expected to have a copy of this book to serve as an easy reference tool for a deeper understanding of land issues in Ghana.

Acknowledgement

––––––––

My first gratitude goes to the Chief Justice of Ghana, His Lordship Anin Yeboah and the Chief Justice of The Gambia, His Lordship Hassan Jallow for creating the necessary conducive atmosphere for me to discharge my duties. I am equally grateful to the former Chief Justices of Ghana, Her Ladyship Georgina Theodora Wood and Her Ladyship Sophia Abena Boafoa Akuffo, for the various opportunities they offered me while in office to get to this important stage of my career on the Bench. 

I thank Justice Victor Jones Dotse of the Supreme Court, a man of great wisdom, for gracefully agreeing to write the Foreword of this book and Justice Gertrude Torkornoo also of the Supreme Court, a woman of inimitable humility, for undertaking the arduous task of editing the entire book. I cannot in any way forget Justice Victor Ofoe, President of the Court of Appeal, for being a pillar I could lean on and a great source of inspiration throughout the tumultuous moments of writing this book.

I express my heartfelt gratitude to the following eminent personalities for going through the manuscript to review the book for me: Hon. Alfred Tuah Yeboah Esq., Deputy Attorney General of Ghana, Justice Amoako Asante, President of the Ecowas Court, Yaw Boafo Esq., National President of the Ghana Bar Association, Alex

Quaynor Esq., National Chairman, Lands Commission, Professor Kofi Abotsi, Dean of the Faculty of Law, UPSA and Dr. Ernest OwusuDapaa, Faculty of Law, KNUST.

I also want to thank Edward Mettle Nunoo Esq., Nathaniel Hegbor Esq., Emmanuel Akuffo Esq., Lands Commission, Frederick Johnson Esq., Council for Law Reporting, and of course, my veritable friend, Lt. Col. Ernest Awuah-Ameyaw Esq., for proof reading the manuscript and offering significant inputs.

The technical assistance given by Derick Adu-Gyamfi Esq. and Lt Col Richard Danso Nimako, both renowned writers, in ensuring that the book sees the light of day is very much appreciated.

The following who provided spiritual support in the course of writing this book: Rev. Dr. Paul Frimpong Manso, General Superintendent of the Assemblies of God Church of Ghana, Rev. Charles Appiah-Boachie, Rev. Emmanuel Kwasi Ofori (Tema Community 4 Assemblies of God) and Rev. Peter Sarpong, deserve some praise.

To the many writers, dead and alive, on whose works I relied upon to write this book, particularly, His Lordship Justice Dennis Adjei J.A. and Lawyer Yaw Oppong, Director of the Ghana Law School, BJ da Rocha and CHK Lodoh, are worthy of my honour.

I thank the publishing team at Advent Press, particularly, Mr. Isaac Awuku for their great sense of professionalism and for producing an excellent finished product. 

The greatest of my gratitude goes to my dear wife, Lydia Sarpong for her enormous encouragement and my lovely kids: Pearl, Alex, Jewel, Shantel and Irene for their understanding in sparing me some valuable time to work on this project. 

Finally, my mastery in detecting the shortcoming of others plainly forbids me from hoping that this book shall escape criticisms. I take personal responsibility for any error contained in the book. An Ewe proverb says, ‘knowledge is like a baobab tree and one person’s hand cannot encircle its girth’. Hence, all views and criticisms proffered will be received in the spirit of advancing the frontiers of knowledge in which they have been offered.  

List of Local Cases

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Ababio v. Kanga (1932) 1 WACA 253 . . . 58

Ababio v. Tutu (1962) 1 GLR 489 . . . 201, 202 

Abadwum Stool & Others v. Akrokerri Stool (J4/28/2016, dated 31st May

2017, S.C.) (Unreported) . . . 221

Abakam Effiana Family & Others v. Mbibado Effiana Family & Others

(1959) GLR 362 . . . 203

Abdul Rahman Giwa v. Baba Ladi (2012) 43 G.M.J. 1 . . . 143

Abebreseh v. Kaah & Others (1976) 2 GLR 46 . . . 224

Abed Nortey v. African Institute of Journalism and Communication [2014]

77 GMJ 1 . . . 327

Abotche Kponuglo v. Adja Kodadja [1933] 2 WACA 24 . . . 329 

Abude v. Onano (1946) 12 WACA 102 . . . 149, 150

Achiampong v. Achiampong (1982-83) GLR 1017 . . . 224

Achiase Stool v. Appiah & Others (1962) 2 GLR 159 . . . 201  

Ackah v. Pergah Transport Ltd and Others (2010) SCGLR 728 . . . 401

Acolatse and Others v. Ahiableame [1962] 2 GLR 34 . . . 336

Acquaye v. Awotwi & Another [1982-83] GLR 1110, C.A . . . 341

Adjabeng v. Kwablah (1960) GLR 67 . . . 63

Adjei v. Adjei (2021 GHASC 5, dated 21st April, 2021, S.C. (Unreported) . .

. 243

Adjei v. Appiagyei (1958) 3 W.A.L.R 401 . . . 166

Adjetey Adjei & Ors. V. Nmai Boi & Ors. [2013-2014] 2 S.C.G.L.R. 1473 . .

. 64, 118, 119

Adomako Anane v. Agyemang & 7 Others (2014) 75 G.M.J. 1, S.C. . . . 209 Adumuah and Another v. Tettey-Kwao and Others (1997-98) 1 GLR 344 . . .

314

Adwoa Kontor & Others v. Akua Addae [2015] DLCA 7992, dated 22nd

December 2015 (Civil Appeal No. H1/58/13 . . . 341

Adwubeng v. Domfeh [1997-98] 1 GLR 282 . . . 334

Adzraku v. Dzatagbo, High Court Ho, 11th February 1993 (Unreported) . . . 334

Afari v. Nyame (1961) GLR 599 . . . 62

Afordi v. Ghana Publishing Corporation and Others (2005-2006) SCGLR 1104 . . . 190

Afuafrema v. Agyemankeke & Another (2016) 101 G.M.J. 123 at p. 134135, C.A. . . . 249

Agbeshie & Another v. Amorkor & Another (2009) SCGLR 594 . . . 382

Ago Sai and Others v. Kpobi Tettey Tsuru III (2010-2012) 1 G.L.R. 231,

S.C.  . . . 65, 82

Agyarkwah (substituted by) Opanin Yaw Asare (suing as the head and lawful representative of Tete Pa ogya Agona Family of Adamorobe near Aburi v.

Folagin, J4/58/2019, dated 11 March 2020, S.C. (Unreported) . . . 210 

Ahoklui v. Ahoklui (1959) P.C.L.L.G. 212 at p. 213 . . . 160

Akpi Sika v. Kotey (2010-2012) 2 G.L.R. 575, C.A.  . . . 382

Akunsa v. Botchway & Another (2011) 1 SCGLR 288 . . . 314

Akwei and Others v. Awuletey and Others (1960) GLR 231 . . .166, 314, 315 Akwesi Amankwa Evans v. Kojo Prempeh (2018) DLCA 5253 . . . 64  Akyirefie v. Paramount Stool of Breman-Esiam (1951) 13 W.A.C.A. 331 . . .

200 

Alfa Musah v. Dr. Francis Asante Appiagyei (2018) DLSC 475 . . . 387

Amaning alias Angu v. Angu II (1984-86) 1 G.L.R. 309 . . . 160

Amankwah v. Kyere (1963) 1 G.L.R. 409 . . . 201, 202

Amarfio v. Ayorkor (1954) 14 WACA 554 . . . 346

Amarkai Amarteifio v. Anang Sowah (Civil App. No. J4/57/2014, dated 25

October 2017, S.C. (Unreported) . . . 142

Amarteifio v. Ankrah and Another (1959) GLR 230 . . . 346

Ameko v. Amevor (1892) Sarbah, FCL 220 . . . 149

Ameoda v. Pordier and Ameoda v. Forzi and Others (Consolidated) (1967)

GLR 479 . . . 173

Amoah VI v. Okine and 4 Others (2014) 77 G.M.J. 124, S.C. . . . 249 

Amodu Tijani v. Secretary, Southern Nigeria (1921) 1 A.C. 399, P.C. . . .

160

Ampaabeng and Others v. Edwey IX and Others (1991) 1 GLR 169, C.A. . . .

203

Amponsah v. Nyamaa (2008-2009) 2 GLR 284 . . . 401 

Andrews v. Hayford (1982-83) GLR 214, C.A.  . . . 166

Ankomanyi & Another v. Buckman & 2 Others (2014) 77 G.M.J. 146 . . .

212

Ankrah & Another v. Hansen & Another (1981) GLR 847, C.A. . . . 151, 152

Anomabu Stool v. Acquah & Others (1957) 3 WACA 256 . . . 201  Ansah-Addo and Others v. Addo and Another and Ansah-Addo and Others v. Asante (Consolidated) (1972) 2 G.L.R. 400, C.A.  . . .  160 

Apori Stool and Another v. Worakesi Stool (1994-95) 2 GBR 629, S.C. . . .

201

Arthur (No. 1) v. Arthur (No. 1) (2013-2014) 1 SCGLR 543 . . . 224, 234

Asane v. The Manche of Labadi (1933) 1 WACA 278 . . . 200

Asante Appiah v. Amponsah alias Mansa [2009] SCGLR 90 . . . 335

Asante v. K. Compu Services Ltd. [2001-2002] 1 GLR 562 . . . 306

Asumadu II (Substituted by Ebusuapanin Amgo Mensah v. Ameyaw

(J1/4/2018, 15 May 2019, S.C. (Unreported) . . . 210

Asuon v. Faya (1963) 2 G.L.R. 77 . . . 156, 157

Atta v. Amissah and Others (1970) CC 73, C.A.  . . . 205

Attribuku v. Oppong Kofi (2011) 34 G.M.J. 124 

Awuku v. Tetteh (2011) 1 SCGLR 366 . . . 314

Awulae Attribrukusu III v. Oppong Kofi (2011) 1 SCGLR 176 . . . 157

Banda v. Ayisi (2013-2014) 2 SCGLR 1259 . . . 386

Bassil v. Honger ((1954) 14 W.A.C.A 569 . . . 166, 315

Bassil v. Said Raad [1957] 3 WALR 231 . . . 322

Begoro Stool Lands v. Krobo Lands (2-7-1912) . . . 200

Boateng alias Beyeden v. Adjei & Another (1963) 1 GLR 285, SC  . . . 202

Boateng v. Ntim & Others [1961] 1 G.L.R. 671 . . . 120

Bogolo v. Aliebo [1982-83] 2 GLR 1170 . . . 332

Boyefio v. NTHC Properties Ltd. (1996-97) SCGLR 531 . . . 279

Brown v. Quashigah (2003-2004) SCGLR 92 . . . 115

Bucknor v. Essien [1963] 1 G.L.R. 426 per Crabbe JSC . . . 113 

Bukuruwa Stool v. Kumawu Stool (1962) 1 G.L.R. 353 at p. 355-356 . . . 194

Captain Abrokyi (Substituted for Kumi, Deceased) v. Ohene Panyili (1932)

WACA 1021 . . . 199

Chantey v. Kweinor (J4/25/2019, dated 20 May 2020, S.C) . . . 209

Chief Kojo Bosor v. Chief Kessie (1934) 2 WACA 65 . . . 199

Chief Kwamina for himself and on behalf of the Anoma Family of Dawson

Hill, Cape Coast v. J.M. Cook (1932 1 WACA . . . 199

Coleman v. Tripollen & Others, J4/41/2018, dated 28 November 2018 . . . 210

Dagadu & Others v. Addy & Others [1991] 1 GLR 316 . . . 332

Dahabieh v. S.A. Turqui & Brothers (2001-2002) SCGLR 498 at p. 507, S.C. 

. . . 381

Daniel Boadi v. Abena Nyame Adom & 1 Other [2018] DLCA 4619, dated

4th February 2018 (Civil Appeal No. H1/59/2017 . . . 337

Dankwa & Others v. Kwaku & Another [1961] GLR 619 . . . 336

Darpoh v. Teye Akrong [2016] 95 G.M.J. 71 . . . 338

David Apasera & 42 Others v. The Attorney-General & Ministry of Finance

(2020) DLSC 9943 . . . 68

Davies v. Randall & Anor. (1964) G.L.R. 671 . . . 115

Deliman Co. Ltd. v. HFC Bank Ghana Ltd (2016) 92 G.M.J. 1.  . . . 114

Delle & Delle v. Owusu Afriyie (2005-2006) SCGLR 60 . . . 247 

Djin v. Baako (2007-2008) SCGLR 686 . . . 60

Dolphyne v. Speedline Stevedoring Company Ltd. (1997-1998)