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AYISI V. ASIBEY III AND OTHERS

(1964) JELR 67310 (HC)

High Court  •  18 Dec 1964  •  Ghana

Coram
APALOO J.S.C.

Appearances
HEWARD-MILLS (DWAMENA WITH HIM) FOR THE PLAINTIFF; VICTOR OWUSU (E. K. EDUSEI WITH HIM) FOR DWEDWENASE STOOL AND ITS DEFENDANTS.,ADADEVOH FOR MIRIWASAN STOOL AND ITS DEFENDANTS.,N. Y. B. ADADE (OSEI-BONSU WITH HIM) FOR THE BANSO STOOL.,KOKOFUHENE IN PERSON.,TWENTY-THIRD AND THIRTY-THIRD DEFENDANTS IN PERSON.

Judgement

APALOO J.S.C.

In this action, the plaintiff representing a syndicate of Akwapim farmers, claims against the defendants an order of perpetual injunction restraining the defendants from any further interference with the rights of the plaintiff on a large tract of land said to be situated on the Banso stool land, a plan of which was attached to the writ, and damages for trespass. The plaintiff claims that the land in dispute was sold to his syndicate in 1927 by the Banso stool. Almost all the defendants are farmers and made cocoa farms on various portions of the land at varying periods. The defendants do not all derive their title from one source. The second, fourth, fifth, sixth, seventh, eighth, ninth, tenth, eleventh, twelfth, thirteenth, fourteenth, fifteenth, sixteenth, seventeenth, eighteenth, twentieth, twenty-first and twenty-second defendants rely on a customary grant from the Miriwasan stool. The twentieth, twenty-fourth, twenty-fifth, twenty-sixth, twenty-seventh, twenty-eight…

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