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BISSAH
V.
GYAMPOH III

(1964) JELR 67818 (SC)

Supreme Court 22 Jun 1964 Ghana
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- This case involves a dispute over a piece of land known as Amanta. - The plaintiff, the respondent in this case, claimed damages for trespass and a declaration of title to the land. - The defendant, the appellant in this case, denied the

Case Details

Judges:SARKODEE-ADOO C.J.,MILLS-ODOI JSC,AKAINYAH J.S.C.
Counsel:C. F. HAYFRON-BENJAMIN FOR THE APPELLANT; QUASHIE-IDUN FOR THE RESPONDENT.

SARKODEE-ADDO C.J.: This appeal is in respect of a piece or parcel of land known and called Amanta. The respondent as the plaintiff in this case by his statement of claim pleaded thus: [His lordship here read the statement of claim, the defence and the reply as summarised in the headnote and continued:]

The claim in the 1937 case of which exhibit C is the judgment is in the manner following:

“Plaintiff claims from defendant the sum of £50 being damages for trespass in violation of the oath sworn on defendant five years ago to wit: Encroaching on plaintiff’s pieces or parcels of land situated and lying at Abotumtum, Akwakom, Akum and Tokuroano whereby as a result of such trespass, the plaintiff’s subjects have been circumscribed or deprived from extending their food farms.”

The operative conclusions of the judgment dated 16 September 1937 (exhibit C) are as follows:

“Now therefore, after considering all the evidence which we have heard, and considering what is the most probable explanation…

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