AWUAH V. ADUTUTU AND ANOTHER

ABBAN J.S.C.

The appellant sued the respondent in the District Court Grade I, Goaso, in Brong-Ahafo for a declaration of title to land, damages for trespass and an order for perpetual injunction. Judgment was entered in the appellant’s favour and the respondents appealed to the High Court, Sunyani.

On 15 July 1983 the High Court, Sunyani reversed the said decision of the district court, grade I and gave judgment for the respondents, dismissing the appellant’s claim. It is against this judgment that the appeal was brought.

The facts in the case were simple: The appellant (hereinafter referred to as the plaintiff) obtained a grant of forest land from the first respondent for cultivation. The size of the forest land granted was described as 12 x 24 poles and the plaintiff paid £110 (¢220) to the first respondent for the grant. The first respondent (hereinafter called the first defendant) issued a receipt, exhibit B, to acknowledge the said payment. The plaintiff entered into possession and…