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VANDERPUIJE
V.
ADAM

(1961) JELR 64173 (HC)

High Court 27 Nov 1961 Ghana
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- Plaintiff-appellant claimed damages for trespass after defendant-respondent erected a temporary structure encroaching eight to nine feet onto plaintiff’s land at Achimota, to which plaintiff held title by conveyance from the Quarcoo famil

Case Details

Judges:OLLENNU J
Counsel:E. N. MOORE FOR THE PLAINTIFF-APPELLANT ,P. F. O. ANTESON FOR THE DEFENDANT-RESPONDENT.

OLLENNU J.: By his writ issued in the Accra West Local Court, the plaintiff-appellant claimed damages for trespass to a piece of land which is a portion of land situate at Achimota. The plaintiff proved conclusively, both by oral and documentary evidence that the said land was sold and conveyed to him by one C. T. Quarcoo in 1940, that he was placed in possession upon the sale to him, and that together with his vendor he fixed pillars at the four corners thereof. He led evidence that the defendant-respondent came upon the adjoining land a long time after he, the appellant, had been in possession of his land, and later encroached upon his, the appellant’s land, by erecting a temporary structure across the boundary extending some eight to nine feet into his land. Evidence was led on behalf of the appellant that the respondent admitted in the presence of witnesses that he had trespassed onto the appellant’s land. These facts were not cross-examined to.

Again evidence was led on behalf of …

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