Appiah-nkyi Vrs Nuamah [2016] GHASC 82 (27 October 2016)

Appiah-nkyi Vrs Nuamah [2016] GHASC 82 (27 October 2016)

The Court of Appeal committed a prima facie error of law by misapplying the Supreme Court's decision in Awuku v. Tetteh and misrepresenting the customary law on the validity of stool land grants by an Odikro and the role of councilors. This error warrants the grant of special leave to appeal to clarify the law.

Citation
[2016] GHASC 82
Parties
Plaintiff/respondent/respondent: Richard Appiah-Nkyi; Defendant/appellant/applicant: Nana Achina Nuamah (Assuowinhene, for and on behalf of Assuowin Stool)
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
27 October 2016
Procedural Posture
Civil Motion / Application for Special Leave to Appeal From Court of Appeal to Supreme Court
Outcome
special leave to appeal granted
Legal Topics
Stool Land Grants, Capacity of Odikro, Void and Voidable Grants, Ratification of Land Grants
Source Language
English
Customary Law Land Law Stool Land Grants Capacity of Odikro Void and Voidable Grants Ratification of Land Grants

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Parties

Richard Appiah-Nkyi

Plaintiff/respondent/respondent

Nana Achina Nuamah (Assuowinhene, for and on behalf of Assuowin Stool)

Defendant/appellant/applicant

Procedural Posture

Civil Motion / Application for Special Leave to Appeal From Court of Appeal to Supreme Court

Legal Issues

  1. 1 Whether the Court of Appeal erred in its interpretation of the law regarding the capacity of an Odikro to grant stool land and the distinction between void and voidable grants under customary law
  2. 2 Whether a prima facie error of law exists on the record justifying the grant of special leave to appeal

Ratio Decidendi

The Court of Appeal committed a prima facie error of law by misapplying the Supreme Court's decision in Awuku v. Tetteh and misrepresenting the customary law on the validity of stool land grants by an Odikro and the role of councilors. This error warrants the grant of special leave to appeal to clarify the law.

Court Disposition

special leave to appeal granted

Orders

  • Applicant granted special leave to appeal to the Supreme Court.
  • Notice of appeal to be filed within seven (7) days.