ATIAFU AND ANOTHER
V.
DZAKA

(1962) JELR 65581 (HC)    
High Court  ·  17 Apr 1962 ·  Ghana
CORAM
PREMPEH J.
Core Terms Beta
defendant
trial court
appeal
claim
claims
court
trial
evidence
land
parties
plaintiffs
real issue
unlawful arrest
argument
counsel
first plaintiff
g20 damages
palm trees
answer
appeal record
appellate court
argument counsel
arrest of the first plaintiff
award of damages
bona fide property of the plaintiff
boundaries of the land
boundary of land of forest
case of kwamin akyin v
case of sedzro
claim of the plaintiff-respondents
compensatory damages
costs
decision of the supreme court
different words
essie egymah2
farm land
form of the writ
interesting point
issues
native trial court
ownership of the land
palm groves
parcel of farming land
particulars of their claim
penultimate paragraph of its judgment
respondents’ claim
right title of ownership
said land of forest
second remedy
title of ownership

PREMPEH J.: The claim of the plaintiff-respondents in this matter was as follows:

“That plaintiffs jointly and severally claim from the defendant the right title of ownership to all the piece or parcel of farming land with palm groves situate and lying at Sesekpe known and called Kewuitakpodzi the bona fide property of the plaintiff’s late great-grandfather by name Atsiafu. The first plaintiff went and hewed 18 palm trees when defendant caused the arrest of the first plaintiff for hewing his (defendant’s) eleven (11) palm trees.”

They then gave boundaries of the land and proceeded:

“First plaintiff therefore claims from the defendant the sum of £G50 compensatory damages from defendant for the arrest caused.”

The trial court heard the parties and their witnesses, and in the penultimate paragraph of its judgment it recorded as follows:

“Plaintiffs on the whole have established their title of ownership to the farm land defined in the claim before me; I accordingly found defendant liable; judg…

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