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ASIBEY III AND OTHERS
V.
AYLSI

(1972) JELR 86782 (CA)

Court of Appeal 31 Jul 1972 Ghana
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Case Details

Judges:AZU CRABBE J.S.C. LASSEY J.A. ARCHER J.A.
Counsel:Harold Darko for the second, fourth, fifth, seventh, eighth, tenth, eleventh, thirteenth, fourteenth, fifteenth, sixteenth, nineteenth, twenty-first, twenty-second and twenty-third appellants. Jonathan Arthur for the third, twenty-fourth, twenty-fifth, twenty- sixth, twenty-seventh, twenty-eighth, twenty-ninth, thirtieth, thirty-first, thirty-fourth and thirty-fifth appellants. Ahenkorah for the co-appellant. Heward-Mills for the respondent.
Other Citations:[1973] 1 GLR 102 - 133

JUDGMENT OF AZU CRABBE J.S.C

The respondent in this appeal (hereinafter referred to as the plaintiff) who described himself as “head and representative of a family company of Larteh claiming certain lands near Miriwasan on Banso stool land” brought an action against the appellants (herein after referred to variously as defendants and by other designations) in the High Court, Kumasi, claiming by his writ of summons:

(1) an order of perpetual injunction restraining the defendants from any further interference with the rights of the plaintiff on a large tract of land, delineated on a plan attached to the writ, and

(2) damages for trespass.

The first defendant was the Kokofuhene representing the Kokofu stool, and the second and third defendants were sub-chiefs of the Kokofu state, being odikros of Miriwasan and Dwendwenase respectively, and the fourth, fifth, sixth to twenty-third and twenty-fourth defendants were farmers claiming title through the second defendant, and the twenty-fifth to th…

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