BOTCHWAY
V.
OKINE

(1986) JELR 65351 (CA)

Court of Appeal · 20 Mar 1986 · Ghana
·

Other Citations

[1987-88] 2 GLR 1

Core Terms ^Beta

defendant

plaintiff

osu stool

exhibit b

trial judge

exhibit h

nii dowuona iv

nii dowuona v

deed of conveyance

fifth plaintiff witness

said land

statement of claim

additional grounds of appeal

circuit court

declaration of title

exhibit a

exhibit k

first defendant witness

further answer

site plan

defendant-respondent

point of registration of the plaintiff

said judgment

appropriate time

certified copy of the composite plan

clear distinction

customary grant

date of its preparation

decision of the trial judge

deeds registry

description of the parcel of the land

exhibit c.a.1

formal deed of conveyance

holding of the learned trial judge

inadequate consideration of the evidence of prior ownership

late father festus botchway

master plan of the area

parcel of land

plaintiff-appellant

plaintiff joins issue

plaintiff’s alleged grant

reason of the judgment

respect of the said document

said exhibit a

said paragraphs

schedule of his statement of claim

stamp duty register

third plaintiff witness

trial judge’s holding

witness-box

OSEI-HWERE J.A.: The legal battle which was fought in the court below was essentially between the plaintiff-appellant (hereinafter to be designated as the plaintiff). And the co-defendant-respondent (also to be designated as the co-defendant). Although the defendant-respondent (to be referred to as the defendant) was initially drawn into the contest he faded out after he had filed his defence.

By his writ of summons the plaintiff sued the defendant and claimed against him certain reliefs ranging from a declaration of title, through recovery of ¢449 as arrears of rent and up to perpetual injunction. It was averred by the plaintiff in his statement of claim that he acquired a parcel of land by customary grant in 1963 for the Osu stool then occupied by Nii Dowuona v. and that in 1967 he obtained a formal deed of conveyance evidencing the coustomary grants from the said stool. The conveyance was duly stamped and registered in the Deeds Registry as No. 147/1974 on 23 January 1974. In 1964 …

BOTCHWAY V. OKINE

BOTCHWAY
V.
OKINE