NYAN
V.
EBBI

(1965) JELR 65304 (HC)    
High Court  ·  8 Mar 1965 ·  Ghana
 · 
Other Citations
[1965] GLR 133
CORAM
DJABANOR J.
Core Terms Beta
chief
defendant
minister
matter
action
person
case
view
courts act
plaintiff
abdication of any chief
chieftaincy act
civil cause
court’s jurisdiction
high court
plaintiff’s statement
recognition of the minister
stool farms
circuit courts
claims
decided case
defendant’s claim
defendant’s statement
delivery of stool
djabanor j.
election of a chief
first instance
following sections of act
forceful submission counsel
gazetted chief
installation of a chief
issues
late chief of adjaza
local authority
local government
material provisions of the law
natural course of events
own interpretation
perpetual injunction
plaintiff’s point
proper construction
real issue
recognised chief
recovery of stool property
s counsel
states
stool of adjaza
stool properties
unrecognised chief
virtue of section

DJABANOR J.: In this case the plaintiff, for himself and as representing the stool of Adjaza, claims from the defendant the sum of £G500 damages for trespass to six stool farms, and perpetual injunction restraining the defendant, his agents, etc. from interfering with the possession and control of the said farms. It is conceded that the defendant was elected and installed as successor to the late chief of Adjaza. But he has not been recognised by the minister as a chief. It appears that on his installation these stool properties devolved upon him. The plaintiff avers that the unrecognised chief (the defendant) has since been destooled, and in spite of that he continues to enjoy the proceeds of the farms. The defendant on his part admits that he has not yet been recognised by the minister, but contends that he still is the chief and denies that he has been destooled. He therefore contends that he is entitled to the farms. The defendant was installed in 1962.

In a very forceful submissio…

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