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NKANSAH II V. YIADOM III

(1960) JELR 63680 (HC)

High Court  •  21 Mar 1960  •  Ghana

Coram
VISCOUNT SIMONDS LORD JENKINS AND THE RT. HON. MR. L. M. D. DE SILVA

Judgement

M.L.D. DE SILVA: The only point in dispute between parties in this appeal and the only point for decision by their Lordships is whether or not the plea of estoppel is entitled to succeed. It is agreed by the parties that if the plea of estoppel succeeds the appeal ought to be allowed and that if it fails it should be dismissed. Their Lordships will now examine the judgment and proceedings in the 1940 action upon which the plea is based.

That action was begun in 1940 in the Tribunal of the Paramount Chief of Kwahu between Bukuruwa stool as plaintiff and the Chief of Atipradaa and one of his subjects as defendants for a declaration of title to the land. The suit was thereafter transferred to the Supreme Court of the Gold Coast in March, 1942. There was some dispute as to whether the land which was the subject-matter of that action was identical with the land claimed by the present appellant but in view of what follows it is not necessary for their Lordships to decide that point. Their L…

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