ODAMETEY v. CLOCUH AND ANOTHER

The Ghana Supreme Court resolved a priority and validity dispute over Abossey Okai stool land between Albertina Amakumah Odametey and Mr. and Mrs. Moses Clocuh, arising from dueling conveyances by the Akumajay stool. Odametey obtained a 1970 conveyance from Nii Abossey Okai II (exhibit A), lodged but never registered and lacking ministerial concurrence. Years later, Veronica Borkor obtained a 1976 conveyance from Acting Mantse Nii Ayikai Stephens (exhibit E), which was stamped, concurred by the Lands Commission, and registered; Borkor then conveyed to Moses Clocuh, who registered and built. The circuit court sided with Odametey under a constructive registration theory, but the Court of Appeal reversed. On further appeal, Taylor J.S.C., for the Court, rejected several Court of Appeal pronouncements and overruled the constructive registration doctrine from Ntem v. Ankwandah, holding that Act 122 and Act 123 require registration and ministerial concurrence. Recitals cannot alter clear operative grants. Because Odametey’s deed remained unregistered and lacked concurrence, the registered title derived through Borkor and Clocuh prevailed. The appeal was dismissed, with concurring opinions agreeing on the outcome while differing on reasoning.