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EHURAN V. ATTA

(1960) JELR 67510 (SC)

Supreme Court  •  28 Nov 1960  •  Ghana

Coram
VAN LARE J.S.C,GRANVILLE SHARP J.S.C,SARKODEE-ADOO J.S.C.

Appearances
SHORT FOR PLAINTIFF (RESPONDENT),C.F. HAYFRON-BENJAMIN FOR DEFENDANT (APPELLANT).

Judgement

GRANVILLE SHARP J.S.C.: The action in connection with which this appeal arises was brought by the respondent ostensibly to recover damages for trespass from the appellant.

The summons was in the following terms:—

“The plaintiff herein claims from the defendant herein the sum of £G50 being damages for trespass committed by defendant on plaintiff ‘s family land known as and called ‘Abaka Ekyir’ situate lying and being at Ekon in Cape Coast District of the Western Region of Ghana and bounded on one side by the land belonging to Kwamin Dadzie’s family on another side by the land belonging to Kofi Buranyi’s family on another side by land belonging to Kweku Donkor’s family and on another side by land belonging to Tutu Dadzie’s family. And for injunction restraining the said Kweku Ehuran the defendant herein from entering on the said land or for having anything to do on the said land in dispute herein pending the hearing and determination of the above case.”

The land described in the summons wa…

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