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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:The Land Registry Act Bites (somewhat)
Author:Woodman, GordonISNI
Periodical:Review of Ghana Law
Geographic term:Ghana
Subject:land registration
Abstract:The Land Registry Act, 1962 (Act 122), in replacing the Land Registry Ordinance (Cap. 133), introduced an important new provision. Section 24 (1) of the Act enacts '... An instrument other than, a) a will, or b) a judge's certificate, first executed after the commencement of this Act shall be of no effect until it is registered...'. The effect of this was discussed by the late Professor Bentsi-Enchill in 1964. It was first the subject of an important Court of Appeal decision in Asare v. Brobbey in 1971, which gave the section more force than Bentsi-Enchill had advocated. There has since been a number of reported decisions, most notably several of the Court of Appeal. The act is apparently assuming a steadily increasing practical importance in questions of title to land. The cases since 1971 accept Asare v. Brobbey as laying the foundations of case-law on the section, and proceed to explore further its implications. Three of the cases are considered in this short article while all the other reported decisions are referred to. Four important developments emerge from the cases. Notes.