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ABDUL MAJEED KAREEM v. MR. ASUMADU OF KUMASI

1999

COURT OF APPEAL

GHANA

CORAM

  • MRS. WOOD, JA (PRESIDING)
  • BROBBEY, JA.
  • ARYEETEY, JA

Areas of Law

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

AI Generated Summary

The case revolves around a land dispute at Kumasi-Boadi, Plot 6, Block ‘A’. Plaintiff/Respondent sought declaration of ownership, possession, damages for trespass, and injunction against Defendant/Appellant, who counter-claimed entitlement, injunction, and damages. Defendant/Appellant claimed a prior customary grant from stool elders for 6,000 cedis, evidenced by a receipt. Kumasi Circuit Court initially ruled against Defendant/Appellant. On appeal, the appellate court found the prior grant valid, emphasized the importance of customary law publicity, upheld Defendant/Appellant's entitlement, and awarded 100,000 cedis for trespass. Three key legal principles emerged: a prior oral customary grant trumps subsequent conveyances, sufficient publicity validates customary grants, and plaintiffs must prove title independently. Dissenting opinion supported trial court's decision.