NKUM
V.
ANDOH & ANOR

(1959) JELR 63683 (HC)    
High Court  ·  30 Oct 1959 ·  Ghana
 · 
Other Citations
[1959] GLR 358
[1959] GLR 358 - 362
CORAM
ADUMUA-BOSSMAN J.
Core Terms Beta
land
title
defendant
witnesses
defendant’s family
period
plaintiff’s family
carthy ag
pecuniary commitments
situations
smith j.
trial-court
west african court of appeal
action kofi nkrumah
admissions of the plaintiff
adumua-bossman j.
adverse possession
adverse possession of the parcel of land
bonsra ii
case of adu v
chief justice
defendant’s evidence
evidence of the plaintiff
family of the plaintiff
foregoing examination of the evidence of the plaintiff
former owner
full court
history of the case
land dispute
legal position
legal situation
light of that evidence
long time
lord denning
number of cases
obiter dictum
part of west africa
period of time
plaintiff’s own admissions
present case
privy council
recovery of possession
relative kwesi gyan
respect of an identical situation
result of the case
spending money
such overt acts of ownership
time of the death of tumfu kwa
trial of the action
west africa

ADUMUA-BOSSMAN J.: (His lordship referred to the history of the case, examined the evidence of the plaintiff and his witnesses, and continued: -)

From the foregoing examination of the evidence of the plaintiff and his two witnesses, it appears sufficiently clear that the sum-total of it falls very far short of establishing title. The trial-Court, in the light of that evidence alone and without regard even to the defendant’s evidence, was amply justified in finding that the plaintiff had failed to prove that title to the land on which his claim to recovery of possession necessarily depended.

But even if the plaintiff’s family did have title to the land at all (which was strenuously denied by the defendant), it seems to me that, in any event, the admissions of the plaintiff and his two witnesses establish two situations, in either of which he is legally precluded from maintaining his claim. These admissions establish, as the first of these two situations, estoppel by acquiescence of condu…

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