ARYITEY
V.
AYELEY

(1962) JELR 65357 (HC)    
High Court  ·  5 Aug 1962 ·  Ghana
 · 
Other Citations
[1962] 1 GLR 225
CORAM
OLLENNU J.
Core Terms Beta
plaintiff
evidence
judgment
case
land
defendant
sempe mantse
local court magistrate
person
said land
witness
costs
court
appeal
grounds
way
claim
counsel
defendant-respondent
grant
local court
reasons
representative of the sempe mantse
sempe stool
statement
submission
alleged conveyance of the said land
alleged ownership of the said land
cause of action
conveyance p.w.1
cross-examination
evidence of the grant of the land
judgment of the accra
local courts
modua abrahams
none of the essentials
ollennu j.
ownership of a piece of land
particular point
particulars of his claim
plaintiff’s case
portion of sempe stool land
practice of parties
quality of the evidence
said case
said modua abrahams
second witness
suits
trial of that suit p.w.2
whole host of witnesses

OLLENNU J.: This is an appeal from a judgment of the Accra West Local Court delivered on the 19th October, 1961 dismissing a claim by the plaintiff to the ownership of a piece of land situate at a place called Mgbemgbritey village, Mataheko, and damages for trespass. The cause of action as disclosed both in the writ of summons and in the evidence is that the defendant had made a farm on the said land.

The said land is agreed by both sides to be portion of Sempe stool land. The plaintiff’s case is that the land was granted and conveyed to him by the Sempe Mantse. The defendant on the other hand claimed that the said land was sold to him by one Modua Abrahams who claims to be stool father to the Sempe stool.

The plaintiff did not give evidence in chief. After taking the oath he simply said he relied upon the statement or particulars of his claim as set out in his writ of summons. He was then cross-examined. It must be pointed out that this practice of parties to suits in the local courts …

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