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KRAMO
V.
AFRIYIE

(1972) JELR 85478 (HC)

High Court 12 Oct 1972 Ghana
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Case Details

Judges:OSEI-HWERE J.
Location:Sunyani
Other Citations:[1973] 1 GLR 95 - 101

JUDGMENT

Osei-Hwere J.

This is an appeal against the ruling of the District Magistrate Grade II, Nkoranza, wherein the plaintiff's action was dismissed for ouster of jurisdiction. The plaintiff sued the defendant at the District Court Grade II, Nkoranza, claiming:

(a) Declaration of title to and recovery of possession of a piece of land at a place called Bepotintinso on Techiman stool land;

(b) Perpetual injunction; and

(c) Damages for trespass.

After the writ of summons had been served on the defendant she filed a motion challenging the jurisdiction of the court upon the ground, as disclosed by her supporting affidavit, that the land in dispute at Bepotintinso is "situated at Afrancho on Offinso stool land and not . . . on Techiman stool land as falsely alleged by plaintiff and that the District Court Grade II, Techiman, had therefore, no jurisdiction over the matter. The defendant therefore claimed, that the District Court II Offinso, had jurisdiction to try the case. When the motion ca…

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