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MALM
V.
LUTTERODT

(1963) JELR 83658 (SC)

Supreme Court 9 Jan 1963 Ghana
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Case Details

Judges:SARKODEE-ADDO, CRABBE AND BLAY JJ.S.C.
Counsel:J. Quashie in for the defendants-appellants. E. N. Moore for the plaintiff-respondent.
Other Citations:[1963] 1 GLR 1 - 15

CRABBE J.S.C.: This is an appeal from a judgment of Adumua-Bossman J. (as he then was) given at Accra on the 17th May, 1961, when he entered judgment decreeing ownership or title of the plot of land in dispute to the plaintiff, and also made an order of perpetual injunction and £G20 damages for trespass against the defendants. The plaintiff's main claim was for a title to a certain piece or parcel of land, the description and boundaries of which were set out in the writ of summons as follows: "all that piece or parcel of land situate lying and being at Kpehe, Accra, and bounded on the north by the property of Lutterodt family, on the south by a proposed road, on the west by the property of Mr. Malm and on the east by Lutterodt family land." This plot in dispute is shown delineated in pink or red colour in the plan of the area prepared by a surveyor for the trial of the action. This was admitted and marked exhibit Z.

The facts upon which the plaintiff based his action may be briefly sta…

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