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NYAN V. AMIHERE AND ANOTHER

(1964) JELR 66030 (SC)

Supreme Court  •  29 Feb 1964  •  Ghana

Coram
ADUMUA-BOSSMAN JSC,MILLS-ODOI JSC,OLLENNU J.S.C.

Appearances
DR. J. B. DANQUAH FOR THE APPELLANT; SAMPSON BAIDOO FOR THE RESPONDENTS.

Judgement
<p>ADUMUA-BOSSMAN J.S.C.: This appeal is against a decision of Charles J. dated 5 June 1962 in the Sekondi High Court whereby he gave judgment against the plaintiff-appellant (hereinafter called shortly the appellant) dismissing his claim for</p><p><em>(1) a declaration of title to the parcel of land described in the writ, </em></p><p><em>(2) £G500 damages for trespass and </em></p><p><em>(3) Perpetual injunction to restrain the defendant-respondent (hereinafter called the respondent), his agents and servants from further commission of trespass on the said parcel of land.</em></p><p>In the statement of claim filed on behalf of the plaintiff the following material averments were made:</p><p><em>“(3) Plaintiff’s stool has attached to it a large tract of land including the land described in the writ of summons herein, [the description of the land in the writ was then repeated or reproduced in this paragraph of the statement of claim]. </em></p><p><em>(4) In the year 1943 plaintiff‘s stool brought an action against the stool of the defendants in the native tribunal of the…</em></p>

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