KOFI III
V.
AKRASI II AND ANOTHER

(1993) JELR 69448 (CA)    
Court of Appeal  ·  21 May 1993 ·  Ghana
CORAM
ESSIEM JA, AMUAH JA, LUTTERODT JA
Core Terms Beta
defendant
plaintiff
judgment
counsel
motion
evidence
application
grounds
high court
record
such judgment
case of kojo opong v attafua
land
odikro esiama
paramount stool
plaintiff's claim
rem judicatam
absolute title
adowsena land
ajenjua land
akim adowsena
attached affidavit
circumstances
cross-examination
decision of lamptey j
defendant's stool
directions stage
following issues
following notes
knowledge of plaintiff
learned judge
legal costs
legal justification
native tribunal
natural justice
order of the high court
own admission
people of obobetwao
place nana frempong manso
plaintiff-appellant's claim
plaintiff's permission
plaintiff’s predecessor
plaintiff's title
political allegiance
record book
recovery of possession of the said ajenjua land
said ajenjua land
statement of defence
supreme court
trial court

ESSIEM JA.

This is an appeal against a decision of Lamptey J in which the learned judge dismissed the plaintiff-appellant's claim before the High Court. The reliefs sought in the High Court were as follows:

“(1) Declaration that by adversely claiming absolute title against the plaintiff to all that land near Akim Adowsena commonly known and called Ajenjua (hereinafter referred to as the Ajenjua land), the defendant, his agents servants and grantees have forfeited the right to farm upon or otherwise occupy the said Ajenjua land or any portion thereof.

(2) Recovery of possession of the said Ajenjua land occupied by the defendant, his agents servants or grantees.”

The parties filed their pleadings and the following issues were set down for determination:

“(i) Whether the inhabitants of Ajenjua were immigrants who obtained plaintiff's permission to settle on Adowsena land.

(ii) Whether the inhabitants of Ajenjua fled and their settlement consequently fell into ruins.

(iii) Whether the fact that …

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