DJOMOA
V.
AMARGYEI

(1961) JELR 65292 (SC)    
Supreme Court  ·  17 Mar 1961 ·  Ghana
CORAM
VAN LARE JSC, SARKODEE-ADDO JSC , AKIWUMI JSC
Core Terms Beta
defendant
plaintiffs
concessions ordinance
document
appeal
case
plaintiff
conveyance
instant case
stool
area
defendant’s predecessor
exhibit a
facts
land court
learned judge
native court
ownership of the area
present case
abirem stool
case of nana karikari appaw v
disputed area
earliest stages of the proceedings
guaha cut
immediate predecessors of the defendant
licence of the plaintiffs
long time
meaning of the concessions ordinance
nana atwuma mana1
ntah aithie2
overlord of the lands
peculiar circumstances of the case
plaintiff’s title
plaintiffs’ title
portion of abirem stool land
portion of its lands
portion of the abirem stool lands
portions of the land
present occupant of the abirem stool
purchase price
said ordinance
such concession
such lease
support of his case
texas petroleum co.3
timber concessions
uncontradicted evidence
validity of the sale
van lare j.s.c.
vendor of the disputed area

VAN LARE J.S.C.: His lordship referred to the facts here set out in the headnote and continued:] There had been four chiefs in succession on the Abirem stool including the defendant since 1928, that is, since the stool alienated that portion of its lands to the plaintiffs, and there is no suggestion that any of the three immediate predecessors of the defendant ever made any attempt to challenge the plaintiffs’ title or ownership of the area now in dispute. There is the uncontradicted evidence, on the other hand, that about the year 1950 in a case of Nana Karikari Appaw v. Nana Atwuma Mana1(1), concerning another portion of the Abirem stool lands, the Abiremhene, that is the defendant’s predecessor who was a defendant in that case, called the plaintiff in the instant case as a witness for the purpose of tendering exhibit A in support of his case that he was the overlord of the lands of which the area describe in exhibit A formed part and that he had been exercising acts of ownership in…

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