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ATIAFU AND ANOTHER V. DZAKA

(1962) JELR 65581 (HC)

High Court  •  17 Apr 1962  •  Ghana

Coram
PREMPEH J.

Appearances
F. T. C. AMORIN FOR THE DEFENDANT-APPELLANT; G. S. LASSEY FOR THE PLAINTIFFS-RESPONDENTS.

Judgement

PREMPEH J.: The claim of the plaintiff-respondents in this matter was as follows:

“That plaintiffs jointly and severally claim from the defendant the right title of ownership to all the piece or parcel of farming land with palm groves situate and lying at Sesekpe known and called Kewuitakpodzi the bona fide property of the plaintiff’s late great-grandfather by name Atsiafu. The first plaintiff went and hewed 18 palm trees when defendant caused the arrest of the first plaintiff for hewing his (defendant’s) eleven (11) palm trees.”

They then gave boundaries of the land and proceeded:

“First plaintiff therefore claims from the defendant the sum of £G50 compensatory damages from defendant for the arrest caused.”

The trial court heard the parties and their witnesses, and in the penultimate paragraph of its judgment it recorded as follows:

“Plaintiffs on the whole have established their title of ownership to the farm land defined in the claim before me; I accordingly found defendant liable; judg…

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