NII BOI V. ADU

OLLENNU J.S.C.

This is an appeal from the judgment of Adumua-Bossman J. (as he then was), given in the High Court, Accra, on 26 June 1961, which reversed a decision of the Accra East Local Court. The original appellant, hereinafter called the plaintiff, died when the appeal was pending in this court, and Mensah Nii Boi was substituted upon his application for him, to prosecute the appeal.

The claim of the plaintiff is for a declaration of title and damages for trespass to, and perpetual injunction in respect of a piece of land situate at Labadi. The respondent, hereinafter called the defendant, counterclaimed for a declaration of his title to and interim injunction in respect of the identical land.

The land in dispute is a portion of a section of Labadi land owned by a quarter known as Abafum. By ancient grant which, according to one Edward Quaye, a 68-year-old gentleman, second witness for the plaintiff, was made when he had not been born, the Abafum quarter conveyed portion of their sa…