OHENEBA KOFI DURO
V.
KWAME MANHYIA

(2003) JELR 63486 (CA)

Court of Appeal · CIVIL APPEAL NO.54/99 · 20 Nov 2003 · Ghana

CORAM

MISS OWUSU J.A., (PRESIDING), OSEI J.A., QUAYE J.A

Ratio Decidendi

Core Terms ^Beta

defendant

respondent

evidence

trial judge

customary law

subject of a pledge

declaration of title

disputed land

said land

favour of the plaintiff

land of serwaa akoto

piece of land

redemption of the land

stool land of abodwese

trial

trial court

failure of the appellant

high court

kwabere kenyase stool land

learned author

odumanafo stool land

plaintiff of the said sum

traditional evidence

above principle of native law

appellant of the respondent

brief facts of that case

court of appeal decision

crux of the action

decision of the high court

decision of the trial judge

family ownership of the subject property

material family

name nana adwapa

nana antwi kofi

ownership of the defined subject land

own family

period of the pledge

predecessors of the respondent

property of plaintiffs

purported pledge

right of a pledgor

said piece of property

second finding

successor of the late nana kofi duro

such judgment

time of the existence of the pledge

unchallenged evidence of the respondent

QUAYE J.A.

This appeal is from the decision of the High Court, Kumasi, given on 30th May, 1996 in favour of the plaintiff/respondent (herein called the respondent), By his writ of summons filed on 3rd June, 1985 the respondent herein endorsed a claim for"

(a) a declaration that all piece of land situate at a place known and commonly called BESEHO AHOREYE at Aburom near Saman on Kwabere Kenyase Stool land and having boundaries with Odumanafo Stool land, Saman Dikro's farm land, Opanin Asuria of Konkodie's land, the land of Serwaa Akoto and the Stool land of Abodwese and measuring about 50.59 acres more or less........is property of plaintiffs material family

(b) .........a declaration that the land described........above was the subject of a pledge by the plaintiff's predecessor Kofi Duro for the sum of four pounds thirteen shillings £4.13/-

(c) An order against the defendant for the redemption of the land described ....above by the payment to the defendant by plaintiff of the said sum of …

OHENEBA KOFI DURO V. KWAME MANHYIA

OHENEBA KOFI DURO
V.
KWAME MANHYIA