Atwere Vrs Owusu [2011] GHASC 23 (18 May 2011)

Atwere Vrs Owusu [2011] GHASC 23 (18 May 2011)

The appellant's sale of plots contrary to the purpose of the customary grant constituted a denial of the grantor's title, amounting to a fundamental breach under customary law and justifying forfeiture. Section 29 of the Conveyancing Act does not apply to oral customary grants, and the respondent was not estopped from seeking forfeiture as only limited acquiescence was shown. The appeal was therefore dismissed.

Citation
[2011] GHASC 23
Parties
Plaintiff/respondent/respondent: Nana Bediako Atwere (Substituted By John Kwame Owusu); Defendant/appellant/appellant: Osei Owusu (Alias Yaw Owusu Achiaw)
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
18 May 2011
Procedural Posture
Civil Appeal / Supreme Court Judgment on Final Appeal
Outcome
Appeal dismissed
Legal Topics
Customary Land Grants, Forfeiture of Land Rights, Denial of Title, Notice Requirements Under Conveyancing Act, Estoppel
Source Language
English
Land Law Customary Law Customary Land Grants Forfeiture of Land Rights Denial of Title Notice Requirements Under Conveyancing Act Estoppel

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Parties

Nana Bediako Atwere (Substituted By John Kwame Owusu)

Plaintiff/respondent/respondent

Osei Owusu (Alias Yaw Owusu Achiaw)

Defendant/appellant/appellant

Procedural Posture

Civil Appeal / Supreme Court Judgment on Final Appeal

Legal Issues

  1. 1 Whether the appellant breached the conditions of a customary land grant by selling plots contrary to the purpose of the grant
  2. 2 Whether the respondent was entitled to forfeiture of the land under customary law
  3. 3 Whether section 29 of the Conveyancing Act, 1973 (NRCD 175) applied to the customary grant

Ratio Decidendi

The appellant's sale of plots contrary to the purpose of the customary grant constituted a denial of the grantor's title, amounting to a fundamental breach under customary law and justifying forfeiture. Section 29 of the Conveyancing Act does not apply to oral customary grants, and the respondent was not estopped from seeking forfeiture as only limited acquiescence was shown. The appeal was therefore dismissed.

Court Disposition

Appeal dismissed

Orders

  • Declaration that the appellant is liable to forfeit the land except for areas developed for the school and plots sold with the respondent's elders' involvement
  • Order for possession of all other land within the original grant except as specified