BANGA AND OTHERS
V.
DJANIE AND ANOTHER

(1989) JELR 65459 (CA)

Court of Appeal · 7 Dec 1989 · Ghana

CORAM

FRANCOIS J.S.C.,AMPIAH J.A,LAMPTEY J.A.

Core Terms ^Beta

plaintiff

defendants

evidence

case

declaration of title

agyirigano land

third plaintiff witness

trial judge

divine djanie

first defendant

fourth plaintiff witness

lower court

learned trial judge

trial court

second defendant

statement of claim

statement of defence

accepted facts

cross-examination

high court

judgment of the lower court

acts of occupation

above testimony of the fourth plaintiff witness

ancestors of the first defendant

ancestor teacher ivorie djanie

burden of proof

due discharge of the burden of proof

following reliefs

head of the family of nii arku

lamptey j.a.

leading judgment

light of the matters

madam emily djanie

plaintiff fails

plaintiffs case

plaintiff’s writ

recent times

recovery of possession

rival traditional history

rival traditional stories

said affidavit

scholarly analysis of amissah j.a.

simple reason

state of affairs

strength of her own case

sufficient credible evidence

support of a motion

tract of land

whole evidence

whole land

LAMPTEY J.A.: Sometime in April 1969 Madam Emily Djanie (deceased), plaintiff, for herself and as a member and head of the late Samuel Ivorie Djanie of Teshie sued Odai Banga the first defendant and E. Akpo Mensah (deceased), the second defendant, jointly in the High Court, Accra and claimed against them the following reliefs:

“(a) declaration of title to a tract of land described in a schedule to the writ of summons; (b) an order for recovery of possession; and

(c) damages for trespass.”

A statement of claim was in due course filed by the plaintiff. The defendants caused appearance to be entered for them. The defendants filed a statement of defence to the claim. On application by the plaintiff, one J. S. Laryea was joined as co-defendant. He on being joined entered appearance and filed his statement of defence. Pleadings closed and the case was heard on its merits. The trial judge felt satisfied that the plaintiff had proved her case and accordingly entered judgment for one Divine Djan…

BANGA AND OTHERS V. DJANIE AND ANOTHER

BANGA AND OTHERS
V.
DJANIE AND ANOTHER