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DAVIES V. RANDALL AND ANOTHER

(1964) JELR 63577 (HC)

High Court  •  17 Dec 1964  •  Ghana

Coram
KORANTENG-ADDOW J.

Appearances
C. F. HAYFRON-BENJAMIN (S. BAIDOO WITH HIM) FOR THE PLAINTIFF; F. AWOONOR-WILLIAMS (L. B. AKAINYAH WITH HIM) FOR THE DEFENDANTS.

Judgement

KORANTENG-ADDOW J.

The plaintiff brought this action in his capacity as heir and successor to the late L. T. C. Davies and as representing the other children of the said Davies, claiming:

(i) a declaration that the deed of sale executed on 19 January 1953 between the first defendant and the administratrix, Fanny Margaret Davies, and also the subsequent lease executed between the first and second defendants are null and void; and

(ii) £G1,500 as damages suffered as a result of the defendant’s trespass on the said land and the demolition of the buildings thereon.

He elaborated on this claim by statement of claim filed with his writ on 24 February 1961 and which I quote in extenso hereunder:

“(1) On or about 16 September 1919, the late L.T.C. Davies bought all that piece or parcel of land situate at Sekondi, bounded on the north by a street running between it and on open space near the Lagoon Asamansu, on the south by Poasi Road, on the east by land running between it and Ajala’s house, o…

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