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(1965) JELR 67997 (HC)

High Court  •  11 Nov 1965  •  Ghana




The plaintiff by his writ of summons dated 29 July 1964 claims as against the defendant a declaration of title to one cocoa farm lying and being at a place commonly called Adwoano on Dwumo stool land and bounded on all sides by the properties of Kwame Dapaah, Akua Krah, Kofi Peprah and the Adwoa stream. He also claims an order for perpetual injunction and damages for trespass. There is no dispute as to the identity of the farm.

The plaintiff’s case as appearing on his pleadings is shortly, that on 8 July 1964, he purchased the farm the subject-matter in dispute, at a public auction conducted at Dwumo. This sale was effected under a power of sale contained in a mortgage deed executed between two brothers and a sister of the defendant as mortgagors and one Kwasi Kwakye, a licensed moneylender as mortgagee. The mother of the defendant signed the deed as a witness. After the purchase, the plaintiff says he entered into possession of the said farm, but the defendant and o…

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