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DONKOR
V.
TEXAS PETROLEUM COMPANY

(1961) JELR 67546 (SC)

Supreme Court 17 Mar 1961 Ghana
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- The plaintiff brought an action against the defendants for wrongful entry, recovery of possession, and mesne profits. - The plaintiff relied on a lease dated December 23, 1930, which demised a large area of land, including the trespassed

Case Details

Judges:KORSAH JSC, CJ JSC, VAN LARE JSC,SARKODEE-ADOO JSC
Counsel:K. OHENE AMPOFO FOR THE APPELLANT ,T.A. NELSON COFIE FOR THE RESPONDENT.

VAN LARE J.S.C.: The plaintiff brought this action before the Land Court, Kumasi, against the defendants, who had entered upon land, the subject-matter in dispute, and started erecting a petrol-filling station thereon, for wrongful entry, recovery of possession and mesne profits. He relied entirely on a lease dated the 23rd December, 1930, and made between the stool of Amakom and his predecessor Kojo Fori, whereby a large area of land comprising more than five acres, including the trespassed area, was demised and became vested in the plaintiff’s said predecessor. The trial came before Murphy J., on the 23rd day of March, 1959, who conceding to the argument that the lease relied on by the plaintiff was in fact a concession, and finding that it had not been dealt with as required by the Concessions Ordinance, held that it did not give a valid title since the requirements of the Concessions Ordinance Cap. 5 of the Laws of Ashanti1(1) were not complied with.

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