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(1961) JELR 65282 (HC)

High Court  •  15 Nov 1961  •  Ghana



PREMPEH J.: In this appeal the trial court held that the plaintiff-appellant-respondent who claimed a declaration of title to the land the subject matter of the dispute — by means of purchase had failed to establish his title thereto, and it dismissed the respondent’s claim.

On the evidence it is clear that the respondent failed to call his vendor as a witness, nor did he join him as a party to the suit to protect his title, and in my view, the trial court quite properly held as it did. It is my further view that the judgment of the native appeal court reversing that of the trial court is erroneous.

Counsel has drawn the court’s attention to a judgment of this court given on the 13th October, 1961, in a suit entitled Amegago Kponor, Kwashie Kponor, J. J. Kponor, and Dzitorwoko v. Agbenuza Allitor, H. K. Atitsogbui, Akaba K. B. Agbodzo, and K. E. Boati. It is to be noted that the plaintiffs-respondents therein are the defendants-appellants herein, and from the evidence in this case, it i…

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