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OWUSU AFRIYIE AND OTHERS V. TETE AND ANOTHER

(1964) JELR 67896 (SC)

Supreme Court  •  29 Feb 1964  •  Ghana

Coram
ADUMUA-BOSSMAN JSC,BLAY J.S.C. ,ACOLATSE J.

Judgement

BLAY J.S.C.: These cross-appeals came from the High Court, Kumasi, presided over by Djabanor J. in a case in which the plaintiffs claimed against the defendants a declaration of title to a large tract of land situate and lying at Kyempo-Subeng in Ashanti-Akim. They also claimed £G2,000 damages for trespass and an order for possession and perpetual injunction. For the purpose of convenience the parties will be referred to in this judgment as plaintiffs and defendants simply. The plaintiffs’ case in the court below was that they as members of a farmers’ syndicate purchased from the stool of Kyempo, now represented by the first defendant, the tract of land claimed in the writ of summons; that the transaction of sale and purchase was in accordance with customary law and practice and was concluded in the year 1925; and that after payment of the purchase price for the land they were put in possession by the vendor stool and were peaceably in possession until the year 1952, when the first de…

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