(1987) JELR 65423 (CA)    
Court of Appeal  ·  9 May 1987 ·  Ghana
Core Terms Beta
defendant’s ancestor
learned trial judge
plaintiff’s ancestor
small portion
palm trees
statement of claim
declaration of title
trial court
disputed area
evidence of the plaintiff
specific facts
eighth plaintiff witness
farming rights
knowledge of the plaintiff
name tsirinyi
supreme court
alleged conditions of grant
ancestor of the defendant
appellate court
appreciation of the grant
circuit court
consideration of the whole evidence
contention of the plaintiff
economic trees
following findings
following manner
following passage
further contention of the plaintiff
head of gle family
judge’s own findings
land suit
large tract of land
maternal ancestor
paternal ancestor
piece of evidence
piece of land
plaintiff’s paternal ancestor
portion of that land
portions of the land
practical purposes
recovery of possession of the said land
said conditions
supporting evidence

ABBAN J.A.: On 26 January 1984 the Circuit Court, Ho entered judgment against the defendant-appellant (hereinafter referred to as the defendant) in a land suit. It is from this judgment that the defendant appealed.

The plaintiff-respondent (hereinafter referred to as the plaintiff) had sued the defendant for a declaration of title to a piece of land at Mafi Nukportoe, the recovery of possession of the said land, damages for trespass and perpetual injunction. The plaintiff had brought the action in his capacity as the head of Gle family, and his case was that a maternal ancestor of his, called Adedeke, owned a large tract of land. Adedeke granted a portion of that land to one Gle. This Gle happened to be the plaintiff’s paternal ancestor.

The plaintiff alleged that Gle, his said paternal ancestor, during his lifetime gave permission to an ancestor of the defendant, by name Tsirinyi, to farm on a “small portion” of that land which had been granted by Adedeke to Gle. It was the contention …

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