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PAINTSIL
V.
NYARKOWA AND OTHERS

(1976) JELR 69205 (CA)

Court of Appeal 24 Feb 1976 Ghana
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- The appellant sued for trespass to his family land and claimed that the issue of title had been determined and settled in his favor by a previous judgment. - The respondents argued that they had long, uninterrupted possession of the land

Case Details

Judges:APALOO J.A,ANIN J.A,FRANCOIS J.A.
Counsel:J. B. SHORT FOR THE APPELLANT; SACKEYFIO (R. A. KESSON WITH HIM) FOR THE RESPONDENTS.
Other Citations:[1976] 1 GLR 387

FRANCOIS J.A.: In an action in the High Court, Cape Coast, the appellant sued for trespass to his family land described as “Okuntan-Osubun situate at Gomoa Hwida . . . bounded on the north by Obofu-Annan, in another direction by the same Obofu-Annan, on the south by Komfu Dadzie and on the west by Obuafu.” He pleaded that the issue as to title had been determined and finally settled in his favour by a judgment of the Supreme Court of 17 January 1966 in suit reported as Eduful v. Pantsil [1966] G.L.R. 27 which had ultimately reversed an earlier judgment of the Gomoa Asin Local Court. He urged therefore that the respondents who were privies to that suit were forever barred from re-litigating the issue. The question posed for determination was consequently one of estoppel per rem judicatam.

The defendants-respondents in answer urged long, uninterrupted possession covering a period of over 40 years, by themselves and 200 years by their grantors, Ebusuapanyin Kofi Eduful and the Twidan fami…

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