Appiah-nkyi Vrs Nuamah [2018] GHASC 4 (31 January 2018)

The appellant, as occupant of the stool, ratified the grant by his conduct, making the grant valid; the absence of immediate certification by the Regional Lands Commission does not void the grant at this stage as the formal allocation papers are yet to be issued.

Citation: [2018] GHASC 4
Parties: Plaintiff/respondent/respondent: Richard Appiah-Nkyi; Defendant/appellant/appellant: Nana Achina Nuamah V
Court: Supreme Court
Jurisdiction: Ghana
Judgment Date: 31 January 2018
Procedural Posture: Civil Appeal / Supreme Court Judgment
Outcome: appeal dismissed
Legal Topics: Stool Land Grants, Ratification of Land Grants, Customary Law Principles, Role of Lands Commission
Source Language: English

Land Law Customary Law Stool Land Grants Ratification of Land Grants Customary Law Principles Role of Lands Commission

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Parties

Richard Appiah-Nkyi

Plaintiff/respondent/respondent

Nana Achina Nuamah V

Defendant/appellant/appellant

Procedural Posture

Civil Appeal / Supreme Court Judgment

Legal Issues

1 Whether the grant of stool land to the respondent without the involvement of the occupant of the stool was void or voidable
2 Whether the grant was validly ratified by the appellant
3 Whether the absence of certification by the Regional Lands Commission rendered the grant void

Ratio Decidendi

Court Disposition

appeal dismissed

Orders

Respondent to pay customary drinks in the sum of GHS2,000.00 per plot to the appellant