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BANAHENE AND OTHERS V. HIMA AND OTHERS

(1963) JELR 66670 (SC)

Supreme Court  •  25 Mar 1963  •  Ghana

Coram
ADUMUA-BOSSMAN JSC, BLAY JSC,AKUFO-ADDO JSC

Judgement

AKUFO-ADDO J.S.C.

The respondents to this appeal (hereinafter referred to as the plaintiffs) who described themselves as acting “for themselves and as representing the management committee of Kwamang-Kwabre No. 2 and the farmers in the Kwamang Area,” brought an action against the appellants (hereinafter referred to as the defendants) in the High Court, Kumasi, claiming by their writ of summons:

“1. A declaration of the Court that the second defendant’s predecessor in office having sold the timber trees on Kwamang stool land to the plaintiffs for £G1,000 the first and second defendants have no legal rights in the said timber trees and are not entitled to enter into any agreement for felling the said timber trees.
2. An order of perpetual injunction restraining the third defendant upon an alleged agreement between him and the first and second defendants from cutting timber on Kwamang stool land the said timber having been sold to the plaintiffs for £G1,000 by the predecessor in office of …

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