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AKUNOR
V.
OKAN

(1976) JELR 69195 (CA)

Court of Appeal 19 Jul 1976 Ghana
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- The Court of Appeal upheld the dismissal of the plaintiff’s claim for title and injunction, emphasizing that a prior valid customary arbitration conclusively determined the dispute, thereby estopping the parties from re-litigating the sam

Case Details

Judges:AMISSAH JA,KINGSLEY-NYINAH JA,HAYFRON-BENJAMIN J.A.
Counsel:P. A. ADJETEY FOR THE APPELLANT; MILLS LAMPTEY FOR THE RESPONDENT
Other Citations:[1977] 1 GLR 173

AMISSAH J.A.

Madam Atwei Akunor brought this action against Madam Sarah Odua Okan. The plaintiff claimed a piece of land situated at Labadi which she said was given to her as long ago as in 1936 by Nii Ofori Kwei, head of the Dzrase quarter of Labadi. The grant was made according to custom. On 12 September 1960, this grant, the plaintiff said, was evidenced in writing by a deed of conveyance. She had been in physical occupation of the land since shortly after the customary grant in 1936 without disturbance until about 1962 when the defendant began to interfere with her enjoyment of it. The plaintiff therefore asked for a declaration of title to the land and the usual order of perpetual injunction restraining the defendant and her agents from disturbing her in her occupation and use of the land in dispute.

Madam Odua Okan, the defendant, of curse resisted the claim. She had got the land by way of a customary grant from no one else than the self same Nii Ofori Kwei in about 1942. Mango tr…

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