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GAWU III AND ANOTHER V. PONUKU

(1960) JELR 67942 (HC)

High Court  •  21 Apr 1960  •  Ghana

Coram
OLLENNU J.

Judgement

OLLENNU J.: In this appeal from a judgment of the West Akim Abuakwa Local Court “A” delivered on the 21st November, 1959 it is contended on behalf of the appellant who was plaintiff that the judgment is wrong in two respects, namely, (a) that the local court wrongly held that there had been acquiescence on the part of the plaintiff in trespass committed by the defendant and therefore he was not entitled to an order for recovery of possession, and (b) that the local court was wrong in making an order for recovery of possession in favour of the defendant-respondent who had not counter-claimed.

Learned counsel argued that for acquiescence to operate as an estoppel it must be shown to be laches amounting to fraud, and cited the case of Willmott v. Barber (15 Ch.D. 96) which was relied upon by the West African Court of Appeal in the case of Abbey v. Ollennu (14 W.A.C.A. 567) in support of that submission. As a proposition of law, that submission is sound; and that appears to be the principl…

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