GOLIGHTLY V. ASHRIFI

LORD DENNING

In Suit No. 15 of 1943: A family named Okaikor Churu had been in possession of land at Kokomlemle ever since 1875. They had been given the right to farm it by the Gbese stool. Distinguished members of the Gbese stool were buried on the land. When the trial judge visited it he found a tomb with a headstone showing that in 1932 a priest was buried there. In 1942, however, the Atukpai family claimed to be the owners of the land. They sold it to purchasers who put up buildings on it. In 1943, the head of the Okaikor Churu family brought an action against the Atukpai family claiming a declaration of title, £G100 damages for trespass and an injunction. Later on the Korle priest was apparently joined as co-plaintiff. At the trial in 1951, the learned judge decided in favour of the plaintiffs and made a declaration which does decide the essential issues in this appeal. His order was as follows:—

“The plaintiff, Afiyie, is granted a declaration that she and the other members of the …