ADJABENG JA. On 5 March 1975, one Malam Osumanu Baako now deceased, caused a writ of summons to be issued against Abdulai Toure, the appellant in this appeal, at the High Court Accra. The reliefs claimed in the said action are for a declaration of title to and recovery of possession of all that piece or parcel of land situate and lying at Zabon Zongo, Accra the boundaries of which have been described in a schedule to the writ; perpetual injunction; and ¢3,500 damages for trespass.
In his accompanying statement of claim, which was later amended, the said Malam Osumanu Baako traced his root of title to a customary grant made to him by one Malam Baako in 1925. According to him the said Malam Baako was granted the Zabon Zongo lands, part of which is the land in dispute, by Nii Kojo Ababio IV of James Town in 1909 for the settlement of the Hausa community. It was averred that Malam Baako’s title to the Zabon Zongo lands was confirmed by this court in its judgment in Civil Appeal No 72/69 en…