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(1973) JELR 64913 (HC)

High Court  •  8 Oct 1973  •  Ghana



APALOO J.A.: In this action the plaintiff claims against the defendant, a declaration of title, recovery of possession and damages for trespass to a piece of land said to be situate at Lartebiokorshie, the boundaries of which are set out in the writ. There is also a claim for- perpetual injunction.

This is the second action instituted by the plaintiff about this land. The first action was taken by him against one Kwaku Okine in 1963. As will appear presently, it is from this individual that the defendant derives his title. That action was discontinued on 22 December 1970, but the plaintiff was given liberty to bring a fresh action. This suit was brought pursuant to that liberty.

The plaintiff traces his root of title to a grant made to his family — the Okortoshishi family by the James Town stool about 100 years ago. He said that that family remained in possession of that land in 1959, and made an oral customary grant of a portion of that land to him. He said that he entered into possess…

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