– The case was an appeal from a decision of the High Court of Sekondi, which dismissed a suit for a declaration of title to a piece of land in Sefwi district¹.
– The appellant, Ackaah, was a cocoa farmer who claimed that he had purchased the land from the respondent, Asane, in 1962. He alleged that the respondent had breached the contract of sale by failing to deliver the land to him and by selling part of it to a third party. He sought a declaration of title and damages for breach of contract¹².
– The respondent denied the appellant’s claim and contended that he had not sold the land to the appellant, but only granted him a lease for 99 years. He also argued that the suit was barred by limitation, as it was brought more than six years after the cause of action arose¹².
– The High Court, per Edusei J., dismissed the appellant’s suit and upheld the respondent’s defence. The court held that the contract of sale was not valid, as it was not evidenced by any writing or payment of any consideration. The court also held that the suit was barred by limitation, as it was governed by the common law and not by customary law¹².
– The appellant appealed to the Court of Appeal, which dismissed the appeal and affirmed the decision of the High Court. The court held that there was no error in law or fact in the judgment of the High Court and that it was conclusive on the issue of title and limitation. The court also held that the appellant had failed to prove his alleged purchase or possession of the land¹².
– The relevance of the case is that it shows how the legal system in Ghana deals with the issue of sale of land, especially in relation to the requirements of writing and consideration. It also illustrates how the courts apply the doctrine of limitation of actions and its effect on title to land³.
(1) Ackaah v. Asane – A major case worth analyzing under the Sale … – Studocu. https://www.studocu.com/row/document/ghana-institute-of-management-and-public-administration/commercial-law/ackaah-v-asane-a-major-case-worth-analyzing-under-the-sale-of-goods-topic/40198956.
(2) ACKAAH V. ASANE | HIGH COURT | GHANA | 4 JUL 1973 | (1973) JELR 66850 …. https://lite.judy.legal/amp/case/ackaah-v-asane-16d1d.
(3) The comprehensive database of African case law and legislation | judy.legal. https://www.judy.legal/case/ackaah-v-asane-16d1d.
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