NYIKPLORKPO V. AGBODOTOR

ABBAN J.A.

On 26 January 1984 the Circuit Court, Ho entered judgment against the defendant-appellant (hereinafter referred to as the defendant) in a land suit. It is from this judgment that the defendant appealed.

The plaintiff-respondent (hereinafter referred to as the plaintiff) had sued the defendant for a declaration of title to a piece of land at Mafi Nukportoe, the recovery of possession of the said land, damages for trespass and perpetual injunction. The plaintiff had brought the action in his capacity as the head of Gle family, and his case was that a maternal ancestor of his, called Adedeke, owned a large tract of land. Adedeke granted a portion of that land to one Gle. This Gle happened to be the plaintiff’s paternal ancestor.

The plaintiff alleged that Gle, his said paternal ancestor, during his lifetime gave permission to an ancestor of the defendant, by name Tsirinyi, to farm on a “small portion” of that land which had been granted by Adedeke to Gle. It was the contention o…