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KWAMI NTI v. JOSEPH MILET MOBARAK

1951

HIGH COURT

GHANA

CORAM

  • Quashie-Idun, J

Areas of Law

  • Property and Real Estate Law
  • Administrative Law

AI Generated Summary

Quashie-Idun, J considered a dispute involving an assignment of land vested in the Asantehene under the Kumasi Land Ordinance No. 17 of 1943 and a contested monetary claim. The plaintiff’s counsel invoked Section 22, urging that the defendant’s assignment lacked effect without registration. The court examined the statutory language and held that an unregistered assignment is not void; rather, it is of no effect until registered, and the Ordinance imposes no time limit on registration, with execution to be proved per Section 7 of the Land Registry Ordinance. Turning to the evidence, the court found the plaintiff had not proven entitlement beyond the sum tendered by the defendant into court. The court entered judgment for the plaintiff for £550, dismissed the remainder of the claim, entered judgment for the defendant on the balance, and awarded costs including counsel’s fees of 150 guineas.

JUDGMENT