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KENNEDY AND ANOTHER
V.
TAGOE AND ANOTHER

(1962) JELR 69979 (HC)

High Court 10 Apr 1962 Ghana
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- The case involves a dispute over land in Christiansborg, Osu, between the Nii Lomo family and the Nii Lomotey family. - The local court dismissed the plaintiffs' claim on several grounds, including failure to prove ownership of the land a

Case Details

Judges:OLLENNU J.
Counsel:E. N. MOORE FOR B. J. DA ROCHA FOR THE PLAINTIFFS-APPELLANTS; YEBOAH (E. K. N. OLAGA WITH HIM) FOR THE DEFENDANTS-RESPONDENTS.

OLLENNU J.

The land subject-matter of this appeal is situate at Christiansborg, Osu, and is identified as the site of an old market. The appellants, plaintiffs in the local court, are members of the Nii Lomo family of Christiansborg and claimed the land as portion of land of the said Nii Lomo family which had been granted to the first plaintiff by the said family. The defendants disputed the plaintiffs’ claim, and contended that the land formed part of land of Nii Lomotey family.

The local court dismissed the plaintiffs’ claim on a number of grounds; these are:

(1) The plaintiffs failed to prove how their family (Nii Lomo We) came to own the land;

(2) a judgment of the Ga Native Court ‘B’ which is part of exhibit A relied upon by the plaintiff, was first of all vague, and secondly was not a certified copy, and therefore did not carry much weight;

(3) that an endorsement made by the Osu Mantse on a declaration made by the defendants’ family, the Nii Lomotey family, exhibit G conferred titl…

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