ODOI AND ANOTHER v. HAMMOND

Defendants appealed a High Court judgment by Apaloo J.A. that granted Emmanuel Ashong Hammond (suing with and for his Hammond brothers of the Nii We family) a declaration of title and consequential relief over Kotobabi land in Accra. Hammond claimed a 1949 customary grant from Nii Philip Tetteh Botchway of the Nii We family, entered into possession, farmed, and posted caretakers. The defendants asserted a 1956 deed of gift from the same family, registered in 1957, and later endorsement by the Osu Mantse after Akwei v. Awuletey confirmed Osu stool ownership of the area. The majority, led by Azu Crabbe (presiding), held that Kotobabi land is Osu stool rural land, the Nii We family lacked authority to make the 1949 grant, and the 1964 confirmation (exhibit E) was invalid under Act 123 and Act 122. The majority found pleading departures and insufficient proof of possessory priority, allowed the appeal, set aside the declaration and injunction, and entered judgment for the defendants, while noting defendants’ good faith under Act 2. Sowah J.A. concurred; Siriboe J.S.C. dissented, crediting plaintiff’s possession and rejecting statutory objections.