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(1965) JELR 65304 (HC)

High Court  •  8 Mar 1965  •  Ghana



DJABANOR J.: In this case the plaintiff, for himself and as representing the stool of Adjaza, claims from the defendant the sum of £G500 damages for trespass to six stool farms, and perpetual injunction restraining the defendant, his agents, etc. from interfering with the possession and control of the said farms. It is conceded that the defendant was elected and installed as successor to the late chief of Adjaza. But he has not been recognised by the minister as a chief. It appears that on his installation these stool properties devolved upon him. The plaintiff avers that the unrecognised chief (the defendant) has since been destooled, and in spite of that he continues to enjoy the proceeds of the farms. The defendant on his part admits that he has not yet been recognised by the minister, but contends that he still is the chief and denies that he has been destooled. He therefore contends that he is entitled to the farms. The defendant was installed in 1962.

In a very forceful submissio…

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