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ASAFOATSE LAWER KORNOR DJABAKOR V. TETTEHYUM AMARTEY AND OTHERS

(2010) JELR 68498 (SC)

Supreme Court  •  CIVIL APPEAL NO. J4/1/2010  •  9 Jun 2010  •  Ghana

Coram
BROBBEY JSC (PRESIDING), DATE-BAH (DR) JSC, YEBOAH JSC, ARYEETEY JSC,AKOTO-BAMFO (MRS) JSC

Judgement

JUDGMENT

ARYEETEY, JSC

In this judgment we refer to the plaintiff/respondent/appellant as the plaintiff and the defendants/appellants/respondents as the defendants. What the plaintiff took to the High Court for determination was in respect of his family’s ancestral land which his great-grand-father, Tei Djabakor, and his brother Tetteh Akporsuer acquired by settlement. According to his pleading, his ancestors gave a portion of their land to the defendants’ ancestor by name Numo Amartey in 1910 as a licensee. What brought about the dispute between the plaintiff’s family and the defendants’ family, being descendants of Numo Amartey, is the refusal by the defendants to recognize the plaintiff’s family as owners of the land in respect of which they are licensees. Besides, the defendants by their conduct assert their rights supposedly as owners of the land in dispute which their ancestor Numo Amartey acquired by settlement. The plaintiff’s claim before the High Court was therefore for the fo…

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