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(1961) JELR 69642 (HC)

High Court  •  16 Nov 1961  •  Ghana



OLLENNU J.: This is an appeal from a judgment of the West Kwahu Local Court delivered on the 23rd March, 1961. The claim is for recovery of possession and damages for trespass. The land is a portion of the Bepong stool land. The co-defendant is the occupant of that stool.

The case of the appellant, plaintiff in the local court, is that the said land is a portion of land, sold and conveyed to him by the Bepong stool by customary law about 20 years ago; that upon the said sale he entered into possession and caused his sons to farm a portion of it. And the case for the defendants is that the portions of the land which they occupy were granted to them by the co-defendant’s stool, the Bepong stool, as subjects of the said Bepong stool.

The local court magistrate found as a fact that the Bepong stool granted the said land to the plaintiff and that the plaintiff and his people are in possession of a portion of it. He found at the same time that the said stool made grants of portions of the sam…

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