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KWAKYE V. TUBA AND OTHERS

(1961) JELR 67440 (HC)

High Court  •  27 Nov 1961  •  Ghana

Coram
OLLENNU J.

Judgement

OLLENNU J.

The plaintiff instituted this action in his capacity as successor according to customary law of one Kwasi Kuma of Asokore, New Juabeng, and claimed

(1) declaration of title to a piece of land with farm thereon situate at Bukruwa in Kwahu,

(2) injunction, and

(3) account of the proceeds of the said farm.

The defendants are children of one Kwasi Panin, deceased, who was elder brother to the said Kwasi Kumah. Both the said Kwasi Panin and the said Kwasi Kumah were Muslims.

The plaintiff pleaded that after he had entered upon his office as successor aforesaid, he voluntarily entered into agreement with the defendants whereby he placed them in charge of the farm, and was to give them annually, one-third of the proceeds of the said farm, further, that the defendants adhered to the terms of the said agreement for two years, but repudiated the same at the beginning of the third year, i.e. the beginning of 1960-61 cocoa season, denied his title to the said farm, drove away his, the p…

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