Eskwai logo
Verify now as a student, judge or newly called lawyer for access to discounted plans.

GAABS LTD v. BOAKYE

1991

COURT OF APPEAL

GHANA

CORAM

  • ADJABENG JJA
  • OFORI-BOATENG
  • LAMPTEY

Areas of Law

  • Constitutional Law
  • Property and Real Estate Law
  • Administrative Law

AI Generated Summary

This case involves an appeal against a High Court judgment concerning the ownership and seizure of land in Koforidua, Ghana. The central issue revolves around the interpretation of 'stool land' under various Ghanaian laws and the validity of government actions in seizing land. The court examined the evolution of the definition of 'stool land' through different acts and constitutions, noting that family land was not officially considered part of stool land until the 1979 Constitution. The court held that the minister's seizure of family lands in 1962 under the guise of stool lands was without jurisdiction and therefore null. The appeal was dismissed, affirming the lower court's decision, including the finding that the respondents failed to prove their damages. The case highlights the complexities of land ownership and government authority in Ghana's legal history.

JUDGMENT