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ASIBEY III AND OTHERS V. AYISI

(1972) JELR 69121 (CA)

Court of Appeal  •  31 Jul 1972  •  Ghana

Coram
AZU CRABBE J.S.C.,LASSEY JA,ARCHER J.A.

Appearances
HAROLD DARKO FOR THE SECOND FOURTH FIFTH SEVENTH EIGHTH TENTH ELEVENTH THIRTEENTH FOURTEENTH FIFTEENTH SIXTEENTH NINETEENTH TWENTY-FIRST, TWENTY-SECOND AND TWENTY-THIRD APPELLANTS. JONATHAN ARTHUR FOR THE THIRD TWENTY-FOURTH TWENTY-FIFTH TWENTY-SIXTH TWENTY-SEVENTH TWENTY-EIGHTH TWENTY-NINTH THIRTIETH THIRTY-FIRST, THIRTY-FOURTH AND THIRTY-FIFTH APPELLANTS; AHENKORAH FOR THE CO-APPELLANT.,HEWARD-MILLS FOR THE RESPONDENT.

Judgement

AZU CRABBE J.S.C: The respondent in this appeal (hereinafter referred to as the plaintiff) who described himself as “head and representative of a family company of Larteh claiming certain lands near Miriwasan on Banso stool land” brought an action against the appellants (herein after referred to variously as defendants and by other designations) in the High Court, Kumasi, claiming by his writ of summons:

(1) an order of perpetual injunction restraining the defendants from any further interference with the rights of the plaintiff on a large tract of land, delineated on a plan attached to the writ, and

(2) damages for trespass.

The first defendant was the Kokofuhene representing the Kokofu stool, and the second and third defendants were sub-chiefs of the Kokofu state, being odikros of Miriwasan and Dwendwenase respectively, and the fourth, fifth, sixth to twenty-third and twenty-fourth defendants were farmers claiming title through the second defendant, and the twenty-fifth to thirty-fifth…

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