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ELLIS AND WOOD FAMILIES V. NANA BAFFOUR II AND ANOTHER

(1974) JELR 68157 (HC)

High Court  •  22 Jul 1974  •  Ghana

Coram
EDWARD WIREDU J.

Appearances
U.V. CAMPBELL FOR THE PLAINTIFFS; J.A. DAWSON ASSISTANT STATE ATTORNEY FOR THE SECOND DEFENDANT.

Judgement

EDWARD WIREDU J.

On 18 June 1974 I dismissed an objection raised by the second defendant’s counsel to the jurisdiction of this court to entertain the plaintiffs’ action and reserved my reasons which I now proceed to deliver.

The brief facts of this case are that the plaintiffs’ family claiming to be owners of a parcel of land commonly known as the Twifu Hemang estate issued out of this court on 5 October 1973 a writ of summons against the defendants for the following reliefs:

“(a) Recovery of possession of all that piece or parcel of land known as Twifu Hemang estate situate at Twifu Hemang in the Cape Coast District.
(b) An account by first defendant of all rents, royalties, tributes, tolls and other proceeds from the land between 1970 to date of determination in 1971 of his caretakership and thereafter mesne profits from first and second defendants to date of delivery up of possession.
(c) Perpetual injunction against defendants restraining them from in any way interfering with plaint…

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