ATTAH AND OTHERS V. ESSON

AMISSAH J.A.

The plaintiff and his family have been declared by a series of judgments and an arbitration award to be tenants in perpetuity of the first defendant’s family in respect of a large piece of land in the Central Region. In spite of these judgments the plaintiff and his people have been denied the quiet enjoyment of the land which they feel themselves entitled to. The latest act of the defendants which precipitated this action was the felling of palm trees which the plaintiff claimed his family had cultivated on the land. On account of this alleged interference with the plaintiff’s family’s right, the plaintiff brought this action claiming damages from the defendants and a perpetual injunction restraining them and their agents from having anything to do with the land. The case came up for trial before Archer J. (as he then was) sitting at Cape Coast in 1968. At the trial, counsel informed the court that they had agreed that a point of law which would dispose of the whole case…