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ABINABINA STOOL
V.
NKASAWURA STOOL

(1956) JELR 86531 (CA)

Court of Appeal 23 Apr 1956 Ghana
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Case Details

Judges:Coussey P., Baker Ag.JA., van Lare J.
Other Citations:1957 1 WALR 247-254

JUDGMENT

COUSSEY P. This action was, by order dated January 12, 1953, remitted by the Judicial Committee of the Privy Council to the Land Court, Cape Coast, for a new trial.

In making this order the Judicial Committee set aside the judgment of Jackson J., the trial judge, on the grounds (1) that the opinion of Jackson J. that frequent and positive numerous acts (of ownership) within living memory are essential to justify the inference of exclusive ownership of land, thereby holding by inference that such title could not be established by traditional evidence alone, and (2) that the said trial judge erred in finding that the plaintiff was lying on the ground of discrepancies between his evidence given (a) by him at an abortive trial of the same action in September, 1948, and (b) by his predecessor in title in a Concession Enquiry known as the Bokitsi Concession Enquiry (1), heard in 1902 by Brandford Griffith C.J.

The new trial commenced in the Land Court on November 18, 1954, and conclud…

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