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KWANTRENG II AND OTHERS V. KLU

(1990) JELR 69364 (CA)

Court of Appeal  •  19 Jul 1990  •  Ghana

Coram
OSEI-HWERE J.S.C., AMPIAH JA, ESSIEM JJ.A.

Appearances
PETER ALA ADJETEY S.A.G (WITH HIM COL. (RTD.) ASANTE) FOR THE APPELLANTS; E. K. NARTER-OLAGA FOR THE RESPONDENT.

Judgement

AMPIAH J.A.

The parties in this action belong to the Kle Musum Quarter of Teshie which consists of eight houses. The evidence shows that this quarter owns a piece of land at Teshie which is vested in the Ayiku and Osabu Wulomo for use by the quarter. The evidence further shows that the defendant who belongs to the Tsier-We house of the quarter, is the incumbent Ayiku and Osabu Wulomo.

In this action the plaintiffs who claimed to be heads of six of the eight houses of the Kle Musum quarter contended that by custom they were entitled to consent and concur in all dispositions of the quarter’s lands. Accordingly, they claimed for:

(1). a declaration of title to all that piece of land at Teshie vividly described in the writ of summons;

(2). an order for accounts; and

(3). an order for injunction to restrain the defendant, his agents and workmen from in any way alienating or disposing of any part of the quarter’s lands.

In his defence, the defendant contended that although the plaintiffs belong …

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