judy.legal
Login Register

ABAKAM EFFIANA FAMILY & ORS. V. MBIBADO EFFIANA FAMILY & ORS.

(1959) JELR 63545 (CA)

Court of Appeal  •  2 Nov 1959  •  Ghana

Coram
VAN LARE AG. C.J.,GRANVILLE SHARP J.A,OLLENNU J.

Judgement

VAN LARE AG. CJ.

On the 27th October, 1959 we allowed this appeal from a judgment of the Judge of the Land Court, Sekondi, by which he set aside a decision in favour of the defendant in the Shama Native Court “B”

(His lordship stated the history of the case, and continued.)

We think that this can be regarded as being in the nature of a boundary dispute between two adjoining land owners, and the burden therefore rested upon the plaintiffs to establish with particularity the extent of the land which they claimed and the boundaries of it. This the plaintiffs lamentably failed to do.

On the plaintiff’s own admission it was established that the defendants had been in long undisturbed possession and occupation of the land, including that portion of the land on which the controversial house had been built, and were therefore entitled to the full protection of the law against anyone except a person who could affirmatively prove a better title. It is clear that the onus upon the plaintiffs in thi…

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login