OPPONG KOFI AND ANOTHER V. FOFIE

ADUMUA-BOSSMAN J.S.C.: This appeal is against a judgment dated 11 May 1962 of the High Court, Sunyani, whereby the respondent’s claim was upheld, the substance of which was that two cocoa farms described in the writ and statement of claim were the properties of the respondent’s late uncle, Oppong Yaw, which, on the latter’s death, devolved upon the respondent as successor to hold as family properties; and that the sale by public auction of the said farms by the second appellant, a licensed auctioneer, at the instance of the first appellant, a moneylender, was wrongful and illegal.

In form the writ of summons, as amended, was a claim for (1) a declaration that the two cocoa farms are the respondent’s family properties; (2) an order for possession; and (3) £G800 damages for the unlawful sale of the said farms. The action being, therefore, for recovery of possession of land, the observations of their lordships Blackburn and FitzGerald in the House of Lords’ case of Danford v. McAnulty1 be…