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 …

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