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ELIZABETH PARKER. v. ODARTEY alias DAVIS AND ANOTHER

1911

SUPREME COURT

GHANA

CORAM

  • HIS HONOUR SIR PHILIP CRAMPTON SMYLY, KNIGHT, CHIEF JUSTICE

Areas of Law

  • Property and Real Estate Law
  • Contract Law

AI Generated Summary

This case involves a dispute over land ownership. The plaintiff claims recovery of possession of lands and buildings, asserting she purchased them from Ohene Kwadjoe. However, all relevant documents are lost, and the evidence is conflicting. The plaintiff relies on a conveyance obtained after Ohene Kwadjo had already sold his interest in the land. The defendant has a later conveyance for a portion of the land. The court found that the plaintiff cannot succeed based on the 1909 conveyance as Ohene Kwadjo had no interest to convey at that time. Furthermore, the court ruled that the plaintiff cannot claim the land from Davis after witnessing a conveyance of these lands by her husband to Davis years ago. The action was dismissed, highlighting the importance of proper documentation in property transactions and the principle that one cannot convey property rights they no longer possess.

JUDGMENT