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BARKO
V.
MUSTAPHA AND ANOTHER

(1964) JELR 67815 (SC)

Supreme Court 29 Feb 1964 Ghana
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- Plaintiff sought declaration of title, recovery of possession, damages for trespass, and a perpetual injunction over land at Sabon Zongo, Accra, alleging title by customary grant from Malam Idrisu Barko. - Defendants disputed plaintiff’s

Case Details

Judges:SARKODEE-ADOO C.J,OLLENNU JSC,BLAY J.S.C.
Counsel:T. A. NELSON-COFIE FOR THE APPELLANT; A. W. ACQUAAH FOR THE RESPONDENTS.

JUDGMENT SARKODEE-ADOO C.J.

The appellant, hereinafter called the plaintiff, sued the first respondent, hereinafter called the first defendant, in the High Court, Accra, and claimed declaration of title, recovery of possession, damages for trespass and perpetual injunction in respect of a piece of land situate at a place called Sabon Zongo, in Accra. In paragraph (1) of her statement of claim she described the land as “bounded on the North by Fati Yambon’s property, and on the South by Kalimatu Barko’s property, on the East by a proposed road, and on the West by Huseini’s property.”

In paragraphs (2) and (3) of her said statement of claim the plaintiff pleading her root of title and her possession of the land said:

“(2) The said piece or parcel of land forms part of a larger area known as the Sabon Zongo land and was granted by a customary grant to the plaintiff by Malam ldrisu Barko, the Serikin of Sabon Zongo, and successor of Malam Mohamed Barko (deceased) the original owner of the Sa…

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