NTI
V.
SUNYANIHENE AND OTHERS

(1962) JELR 65335 (HC)    
High Court  ·  2 Nov 1962 ·  Ghana
 · 
Other Citations
[1962] 1 GLR 364
CORAM
BRUCE-LYLE J.
Core Terms Beta
plaintiff
appeal
claim
first defendant
notice of intention
occupation
ownership
possession of land
appeal court
district court
case
perpetual injunction
regulation
stay of execution
third defendant
third defendants
cocoa farm
evidence
execution
instance of the first defendant
liability
defendants
farm of the plaintiff
issue
land court
proviso
sale of the plaintiff
second defendant
urban council court
appeal court of its own motion
arrears of tribute
bruce-lyle j.
copy of the notice
filing of such notice of intention
g600 damages
good cause
instructions of the urban council court
local court
local courts procedure regulations
order of the court
plaintiff’s claim
proper appeal court
public auction
reasons
respect of a farm
said proviso
statement of claim
such notices
sunyani stool land
wrongful sale of the plaintiff

BRUCE-LYLE J.: The plaintiff’s claim is for: (1) an order of the court to set aside the sale of the plaintiff’s cocoa farm which was sold by public auction by the third defendant at the instance of the first defendant to the second defendant; (2) £G600 damages against the defendants jointly and severally for wrongful sale of the plaintiff’s said cocoa farm; and (3) perpetual injunction restraining the first and third defendants, their agents servants and/or workmen from interfering with or having anything to do with the plaintiff’s said cocoa farm.

The case for the plaintiff is that the first defendant in this case on the 14th September, 1960, took action against the plaintiff in the Urban Council Court, Sunyani, for arrears of tribute of £46 10s. in respect of a farm situate at Nanketewa on Sunyani stool land, and the defendant had judgment on the 4th November, 1960. On the 7th November, 1960, the plaintiff filed a notice of intention to appeal in the urban council court and a copy of…

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