Immovable Property Law Cases on Acquisition Of A Usufructuary Interest

Baidoo v. Osei and Owusu

Court: High Court

Year: 1957

Principle(s): 1. Stool has the allodial title to stool land; 2. A subject can obtain a usufruct in stool land by cultivating virgin stool land. 3. A subject can alienate his usufruct to another subject without the consent of the stool. 4. It is better for the stool to give a lease of a stool's land to a stranger than for the stranger to acquire a usufruct from a subject. 5. If the stool alienates land over which a subject has a usufruct but does not obtain the consent and concurrence of the usufruct, the alienation is of no effect.

Total Oil Products Ltd v Obeng and Manu

Court: Court

Year: 1962

Principle(s):

Kotei v. Asere Stool

Court: Privy Council

Year: 1961

Principle(s): Native law or custom in Ghana has progressed so far as to transform the usufructuary right, once it has been reduced into possession, into an estate or interest in the land which the subject can use and deal with as his own, so long as he does not prejudice the right of the paramount stool to its customary services