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FOLI AND OTHERS
V.
AGYA-ATTA AND OTHERS (CONSOLIDATED)

(1975) JELR 66542 (CA)

Court of Appeal 4 Dec 1975 Ghana
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- The Court of Appeal dismissed the defendants’ appeal, holding that the dismissal of earlier claims for recovery of possession and injunction (not pressed at trial) did not create an estoppel per rem judicatam, as the earlier refusal of re

Case Details

Judges:AMISSAH J.A,KINGSLEY-NYINAH J.A,ANNAN J.A.
Counsel:DR. A. K. P. KLUDZE FOR THE APPELLANTS; E. D. KOM FOR THE RESPONDENT.
Other Citations:[1976] 1 GLR 194

AMISSAH J.A.

The plaintiff and the defendants in these consolidated cases are neighbours. The plaintiff and his people are from Nkonya Tayi. The defendants are from Alavanyo Kpeme. The plaintiff and the defendants are separated by a now famous historical boundary. It is the Grunner boundary, so called after Dr. H. Grunner, a German administrator in Togo before the first World War, who drew it on a map showing the extent of British and German territorial interests in the area in 1913. The parties have always accepted that the boundary separating their lands was demarcated by Dr. Grunner. Their dispute has been over which map the authentic Grunner boundary could be found on, a matter that was settled some twenty years ago, and how this documentary demarcation is actually reflected on the land itself.

The writs in these actions were issued in 1961 by the then regent of Nkonya Tayi for and on behalf of his subjects. In each, he claimed:

“(1) Recovery of possession of land lying on the Nkon…

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