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NANA OFORI ATTA II
V.
NANA ABU BONSRA II & ANOR.

(1957) JELR 62903 (PC)

Privy Council 6 Nov 1957 Nigeria
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- Muronam sued Banka in 1940 in the Chief Commissioner’s Court of Ashanti for declaration of title to disputed land, damages for trespass, and an injunction; both parties asserted original ownership, and the 1940 claim was dismissed for lac

Case Details

Judges:LORD TUCKER LORD DENNING RT. HON. L. M. D. DE SILVA.
Counsel:Phineas Quass Q.C. and Gilbert Dold for the appellants. Ralph Millner for the first respondent.

MAIN JUDGMENT

Nov. 6. The judgment of their Lordships was delivered by LORD DENNING, who stated the facts set out above and continued:

Everything depends on what took place in the previous proceedings which were heard in the Chief Commissioner’s Court of Ashanti in the year 1940. Their Lordships have found some difficulty in ascertaining the issues in those proceedings because there were no pleadings. The Rules of Court say that suits shall ordinarily be heard and determined in a summary way without pleadings: and this suit was so heard and determined. But it is permissible to look at the opening statements by counsel and at the evidence as well as the judgment. In the case of Kobina Angu v. Cudjoe Attah in 19161 Sir Arthur Channell, delivering the judgment of the Board, said that

“the former evidence could be looked at in order to explain what was really the subject-matter of the former dispute.”

Looking at these materials, it becomes clear that on May 6, 1940, Muronam sued Banka in the …

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