Customer Support

MAJOLAGBE
V.
LARBI & ORS.

(1959) JELR 66172 (HC)

High Court 16 Apr 1959 Ghana
BriefBot icon

BriefBot Summary

Free

- Plaintiff’s claims for trespass and injunction failed for lack of proof of possession and title; mere oral testimony without corroborative evidence is legally insufficient where averments are denied. - Where title is put in issue (e.g., v

Case Details

Suit Number:Suit No. L.94/1956
Judges:OLLENNU J.
Counsel:DA ROCHA FOR PLAINTIFF; AKUFO-ADDO FOR DEFENDANTS.
Other Citations:[1959] GLR 190 - 195, JELR 80573

OLLENNU J.

The plaintiff Majolagbe claimed £200 damages for the unlawful destruction of his uncompleted house, and injunction restraining the defendants from further damaging his property on his land.

He pleaded in his statement of claim that he was the owner of certain land, and of a building upon it consisting of 8 rooms. The building had been erected to a certain height in 1943 by one Hanza Brimah, who sold it to him in or about May, 1945, the plaintiff thereafter completing the walls. In April, 1956 the second defendant (Kwame) and others demolished the said building unlawfully. When questioned abut his wrongful acts, the second defendant alleged that he had acted upon the authority of the first defendant (Larbi).

The first and second defendants denied all the allegations contained in the plaintiff’s statement of claim. The first defendant claimed that he was the owner of the land by virtue of a grant to him by the Korle Priest. The defendants further pleaded that the land was a port…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.