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AGBLETA
V.
THE REPUBLIC

(1976) JELR 69174 (CA)

Court of Appeal 28 Jan 1976 Ghana
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- The dispute concerned title to the Kpassa lands between the Nanumba skin (respondent) and the Atwode stool (first appellant), with the second appellant claiming under a grant from Atwode stool. - During the protracted trial, the Stool Lan

Case Details

Judges:AZU CRABBE C.J.,SOWAH J.A.,ANNAN J.A.
Counsel:P. A. ADJETEY (DEEGBE AND OKRA WITH HIM) FOR THE APPELLANT; MRS. J. BAMFORD-ADDO PRINCIPAL STATE ATTORNEY FOR THE REPUBLIC.
Other Citations:[1989-90] 1 GLR 445

JUDGMENT

APALOO J.A.

The claim in this case was for title to land described in the writ and normally referred to as the Kpassa lands. It was instituted by the respondent as the occupant of the skin of Nanumba on behalf of that skin against the first appellant who is the occupant of the Atwode stool. The second appellant relied on a grant by the Atwode stool and took sides with the latter in this suit. After a trial lasting five years, the judge found for the respondent skin. The Nanumba skin produced a lot of evidence in proof of its title to the land. Whether the learned judge’s conclusion that it discharged the onus of proving its title was right or wrong, was not, in the events which have happened, agitated before us.

While that case was part-heard before the court, there was passed into law, the Stool Lands Boundaries Settlement Decree 1973 (N.R.C.D. 172). This became law on 4 May 1973. It conferred by its section 4 (1) on a commissioner appointed under that Decree exclusive jurisdic…

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