Immovable Property Law Cases on Incidents Of A Usufructuary Interest

Awuah v Adututu

Court: Court of Appeal

Year: 1987-88

Principle(s):

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.

Ohimen v. Adjei and Another

Court: Court

Year: 1957

Principle(s): Rights of Usufruct, Means of Acquiring Allodial Title, Alienation of Family Property, Termination of Usufructuary Title

Saaka v Dahali

Court: Court of Appeal

Year: 1984-86

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

Golightly v. Ashrifi

Court: Privy Council

Year: 1961

Principle(s): Meaning of allodial title; rights of usufructuaries; sale as a means of losing allodial title