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FIAKLU
V.
ADJIANI AND ANOTHER

(1972) JELR 69140 (CA)

Court of Appeal 5 Jun 1972 Ghana
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- The plaintiff claimed title, damages for trespass, and a perpetual injunction over land in Kokomlemle, Accra, based on a 1952 conveyance from the Korle priest via intermediary Kodjo Sodole; the defendant claimed title under a 1962 conveya

Case Details

Judges:APALOO J.S.C.,SOWAH JA,ARCHER J.A.
Counsel:M. A. METTLE FOR THE APPELLANT,GOODHEAD FOR THE RESPONDENT
Other Citations:[1972] 2 GLR 209

SOWAH J.A.: This is an appeal from the judgment of the High Court, Accra, which dismissed the plaintiff’s claim for a declaration of title to a piece of land in Kokomlemle on the premise that his title was defective, invalid and incapable of sustaining the reliefs sought.

The facts of the case were extremely simple. By a deed of conveyance dated 15 February 1952, the Korle priest acting “with the knowledge concurrence and consent of the principal elders and members of the said Korle We family” made a grant by way of a gift of a piece or parcel of land, a portion of which was the subject-matter of this suit to one Kodjo Sodole. The Korle priest was described in exhibit X as being “seised at date hereof for an estate in fee simple free from all encumbrances and is otherwise well and truly entitled to the land hereafter described.” The conveyance was executed by the Korle priest and attested to by some of his elders. By another deed of conveyance dated 11 November 1952, Kodjo Sodole purpo…

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