Whether the Act applies in Ghana as a statute of general application
In the Court below the defendant relied on the Real Property Limitation Act, 1833, which he contended barred the claim of the plaintiff. Although the learned Judge rightly held that his finding of fact made it unnecessary to consider this point, he nevertheless expressed the view that the Real Property Limitation Act, 1833, is not a statute of general application, and not applicable in this country. With the greatest respect, I am impelled on the authorities, e.g. Koney v. U.T.C. Limited (2 W.A.C.A. 188) to observe that he stated the law per incuriam with regard to the application of the Real Property Limitation Act, 1833.
APAU II v. DWUMAA III [1959] GLR 140 [1959] SLR (CA) 16 · Court of Appeal · 1959 · KORSAH CJ
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