ODOI AND ANOTHER v. HAMMOND
1970
COURT OF APPEAL
CORAM
- AZU CRABBE (PRESIDING) SIRIBOE J.S.C. SOWAH JJ.A
Areas of Law
- Property and Real Estate Law
1970
COURT OF APPEAL
CORAM
AI Generated Summary
The case involved a land dispute where the plaintiff claimed title through a customary grant in 1949, while the defendants claimed through a 1956 deed of gift from the same family. The initial ruling favored the plaintiff, but upon appeal, it was held that the customary grant was void and that the subsequent confirmatory deed by the Osu Mantse in 1964 violated statutory requirements. The court also held that the plaintiff did not demonstrate effective possession of the land, and the defendants acted in good faith in their property developments, thus entitled to the protection under the Land Development (Protection of Purchasers) Act, 1960.
This is an appeal by the defendants from the judgment of Apaloo J.A., sitting as an additional judge of the High Court, dated 23 October 1967, whereby he gave judgment for the plaintiff with costs and other consequential reliefs. The claim of the plaintiff-respondent (hereinafter called the plaintiff) against the defendants-appellants (hereinafter called the defendants), as stated in his writ of summons, was for:
[p.379]
"(1) A declaration of title to all that piece or parcel of land situate lying and being at Kotobabi Accra and bounded on the north by Osu stool land measuring 140 feet on the south by a proposed road measuring 140 feet on the east by plaintiff 's land measuring 100 feet and on the west by a proposed road measuring 100 feet.
(2) £G500 damages for trespass.
(3) Perpetual injunction against the defendants, their servants, workmen and agents from entering the said land." The statement of claim endorsed on the writ and of the statement of defence are both important and read as follows:
“STATEMENT OF CLAIM
(1) The plaintiff is the eldest of four Hammond brothers of Nii We family of Osu Ashanti Blohum quarter, Christiansborg, Accra, and he brings this action on behalf of himself and his brothers.
(2) The plaintiff and his brothers became owners of a piece or parcel of land situate lying and being at Kotobabi, Accra, by virtue of a customary gift on or about 10 November 1949 from their late uncle Nii Philip Tetteh Botchway The then head of Nii We family and Gyasetse of the Mankralo stool of Ashanti Blohum quarter in Christiansborg With the consent and concurrence of the elders and councillors of Nii We stool.
(3) The said piece of land is bounded on the north by Osu stool land measuring 418 feet on the south by a proposed road measuring 418 feet on the east by Osu stool land measuring 100 feet and on the west by a proposed road measuring 100 feet.
(4) That the land described in the writ forms part of the larger piece of land described in paragraph (3) above.
(5) On or about 6 February 1965 upon a report from the plaintiff 's caretakers of the said land it was found that the defendants had trespassed on a portion of the plaintiff 's land and started building operations thereon.
(6) The plaintiff and his brothers immediately protested by warning the defendants to remove from the land all building materials and tools deposited thereon by the defendants.
(7) The defendants continued the building operations and the plaintiff thereupon rep