NKANSAH II
V.
YIADOM III

(1960) JELR 63680 (HC)    
High Court  ·  21 Mar 1960 ·  Ghana
 · 
Other Citations
[1961] GLR 7
[1961] 1 GLR 7 - 11
CORAM
VISCOUNT SIMONDS LORD JENKINS AND THE RT. HON. MR. L. M. D. DE SILVA
Core Terms Beta
action
lordships
land
judgment
plaintiff
respondent
appeal
court of appeal
parties
view
former case
plea of estoppel
bukuruwa stool
chief of wusuta
claim
declaration of title
fact
learned trial judge
only point
present appellant
state secretary
25th august
apparent reason
application of the burukuwa stool
chief of atipradaa
conclusion of the trial
effect of a formal decree
final view of mccarthy
minute of every judgment
m.l.d. de silva
name of the appellant
paramount chief
part of the stool property of the wusuta stool
pieces of evidence
predecessor of the chief of atipradaa
present claim
president of the court of appeal
purposes of the case
reason of the judgment
respondent’s stool land
result of the case
result of the intervention of the omanhene
statement of claim
strenuous efforts
subject-matter of that action
supreme court of the gold coast
time nkwatia
tribunal of the paramount chief of kwahu
whole course
whole lead

M.L.D. DE SILVA: The only point in dispute between parties in this appeal and the only point for decision by their Lordships is whether or not the plea of estoppel is entitled to succeed. It is agreed by the parties that if the plea of estoppel succeeds the appeal ought to be allowed and that if it fails it should be dismissed. Their Lordships will now examine the judgment and proceedings in the 1940 action upon which the plea is based.

That action was begun in 1940 in the Tribunal of the Paramount Chief of Kwahu between Bukuruwa stool as plaintiff and the Chief of Atipradaa and one of his subjects as defendants for a declaration of title to the land. The suit was thereafter transferred to the Supreme Court of the Gold Coast in March, 1942. There was some dispute as to whether the land which was the subject-matter of that action was identical with the land claimed by the present appellant but in view of what follows it is not necessary for their Lordships to decide that point. Their L…

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