MUSAH AND ANOTHER v. TALI

This Court of Appeal judgment, authored by Ampiah J.A., concerns plot No. 67 at Ward A Extension, Tamale, originally part of the Chorgu skin lands. The plaintiff relied on a 1974 Lands Commission grant evidenced by a 1975 lease, whereas the co-defendant, Imoro Kanjarga, relied on a customary grant made on 5 July 1963 from Chorgu Na Mahama (in exchange for plot No. 22), supported by Town and Country Planning permissions. The High Court ruled for the plaintiff and dismissed Imoro’s claim. On appeal, the court examined section 8 of the Administration of Lands Act, 1962 (Act 123) and found ministerial concurrence unnecessary where a stool grants free use to persons customarily entitled without valuable consideration. Finding no evidence the parties were strangers and no valuable consideration for Imoro’s grant, the court held it valid and prior. Applying nemo dat quod non habet, the Lands Commission could not convey title already vested in Imoro. The appeal was allowed; title declared in the co-defendant; possession ordered; ¢2,000 damages and an injunction issued against the plaintiff; and the plaintiff’s lease was cancelled.