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…

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