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OSHODEMIRIN v. TETTEH

July 17, 1972

COURT OF APPEAL

CORAM

  • AZU CRABBE
  • REMPEH JJ.S.C.
  • ARCHER J.A

Areas of Law

  • Tort Law
  • Property and Real Estate Law

AI Generated Summary

The appellate court reviewed a dispute over plot D/129 C at Ashaeman involving the Accra-Tema/Tema Development Corporation and two private claimants. The plaintiff held a licence from 25 August 1964 to erect a temporary dwelling for a monthly fee, but his payments were persistently late and he had arrears from June 1967 onward. In 1967, Managing Director F. K. A. Jiagge publicly directed Ashaeman plot holders to register or re-register or face reclamation; the plaintiff did not comply. The defendant entered the land on the say-so of Adotey, a senior TDC officer, built ten kitchens, but paid no rent and was not registered. On appeal from the High Court’s dismissal, plaintiff argued that TDC’s rent receipts waived statutory ejectment rights under Act 159. The court held Act 159’s public policy rules are non-waivable, found neither party had good title, applied the possessor-favouring maxim since the defendant was in physical possession, and dismissed the appeal with costs. Two judges expressly concurred.

JUDGMENT