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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Defences to an action for declaration of title to land
Author:Kom, Enoch D.
Year:1983
Periodical:Review of Ghana Law
Volume:15
Pages:152-169
Language:English
Geographic term:Ghana
Subjects:land law
jurisdiction
External link:https://heinonline.org/HOL/Page?handle=hein.journals/rvghana15&id=162
Abstract:The Courts Act, 1971 (Act 372) as amended, sets out the jurisdiction of the various courts in Ghana which have original jurisdiction in land matters. In an action for declaration of title one of two things can happen: the defendant may object to the jurisdiction of the trial court, other than the High Court, on grounds of value of the land in dispute, or when the defendant loses the suit, he may take the question of jurisdiction on appeal. The author outlines the jurisdiction of the district and circuit courts in an action for declaration of title to land. He then examines in turn the capacity to sue; statutory defences - Land Development (Protection of Purchasers) Act, 1960 (Act 2), Administration of Lands Act, 1962 (Act 123), Land Registry Act, 1962 (Act 122); and estoppel - laches and acquiescence, res judicata, and the doctrine of 'standing by' and seeing one's battle fought by another in the same interest. Note, ref.
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