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DWOMOH v. OBUASI URBAN COUNCIL

February 14, 1972

COURT OF APPEAL

CORAM

  • AZU CRABBE J.S.C.
  • LASSEY
  • SOWAH JJ.A

Areas of Law

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

AI Generated Summary

On appeal from the High Court, Kumasi, Opanin Kwasi Dwumo challenged the Obuasi Urban Council’s forfeiture of his re-allocation of two building plots, Kwabrafoso No. 9 and Tutuka No. 101, administered by the council for Ashanti Goldfields Corporation. The council’s scheme required development within twelve months; Dwumo paid ground rent and obtained building permits but the council posted re-entry notices in November 1956, later re-allocating the plots. In February 1959, the council’s treasurer accepted Dwumo’s advance rent through 1960. Dwumo argued this acceptance waived forfeiture. The appellate court, per Lassey J., with a detailed concurrence by Azu Crabbe J.S.C. and agreement by Sowah J.A., held there was no waiver absent council knowledge or authorization, and that re-entry was validly exercised. The appeal was dismissed, affirming the trial court.

JUDGMENT