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ABDILMASIH v. AMARH

July 31, 1972

COURT OF APPEAL

CORAM

  • APALOO
  • BENTSI-ENCHILL JJ.S.C.
  • KINGSLEY-NYINAH J.A

Areas of Law

  • Property and Real Estate Law
  • Civil Procedure
  • Evidence Law
  • Tort Law

AI Generated Summary

This appeal concerns ownership and possession of land at North Adabraka, Accra. J. J. Abdilmasih traced title through a 1919 Korle priest grant to Dsane and a 1937 conveyance to Gogo Naih, who conveyed two plots to Abdilmasih in 1957 and 1958. After initial reliance on an invalid Otupai stool grant, Abdilmasih perfected title via Naih. In 1965, Sarah Amerley Amarh entered and built on the land, claiming an oral grant from E. B. Okai and later deeds from the Okai family and the Korle priest. A court-appointed surveyor, S. T. Fleku, produced a reliable plan locating the disputed plot within Abdilmasih’s vendor’s land. The trial court declared Abdilmasih’s title but granted Amarh statutory protection under Act 2 on a doubtful good-faith basis. The Supreme Court overruled a technical objection to the appeal, affirmed Abdilmasih’s title and damages, rejected Act 2 relief for lack of proven good faith and due to Amarh’s undertaking, dismissed her cross-appeal, ordered possession, and awarded restoration costs.