Immovable Property Law Cases on Nature Of Allodial Interest

Section 2 of Land Act, 2020 (Act 1036)

Court:

Year: 2020

Principle(s): Allodial title is (a) the highest or ultimate interest in land; and (b) held by the State or, a stool or skin, or clan or family or an individual; and may have been acquired through compulsory acquisition, conquest, pioneer discovery and settlement, gift, purchase or agreement.

Nartey v. Mechanical Lloyd

Court: Supreme Court

Year: 1987-88

Principle(s): In determining who owns land (allodial title), the courts look at evidence such as past grants of the land, claims of title and resistance to such claims, among others. Allodial title can be lost by acquiescence; Family can be hold allodial title; Innocent purchaser for value without notice; Meaning of adverse possession.

Kwami v. Quaynor

Court: Supreme Court

Year: 1959

Principle(s): The heads of a sub-stool are the proper persons to alienate lands belonging to the sub-stool (quarter). Lands in the present case did not belong to the entire James Town Stool, but to various quarters (Alata, Akumajay, and Sempe quarters).

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