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SAH V. DARKU AND OTHERS

(1987) JELR 65059 (CA)

Court of Appeal  •  2 Apr 1987  •  Ghana

Coram
ABBAN JA,OSEI-HWERE JA,WUAKU JA

Judgement

OSEI-HWERE J.A.: Osei-Hwere J.A. delivered the first judgment at the invitation of Abban JA. The land that launched the law suit at the High Court, Sekondi which has resulted in this appeal lies in an area amply fed with rivers and streams and redolent of forest reserves. It is said to measure 8.04 square miles and is bounded on the west by the Bonsa River and Enikawkaw stream, on the north and north-east by the Osen River, on the east by the Ben East Block Forest Reserve and on the south by the Mamponsu stool land. The plaintiffs alleged that in 1928 they acquired this land by purchase from the chief of Mamponsu and his elders acting with the consent and concurrence of the Omanhene of the Wassa Fiase Traditional Area. The customary sale of the land to the plaintiffs was, at a much later date, confirmed by an indenture which was registered at the Lands Registry as No 2222/1966. The plaintiffs originally entered their plaint against Nana Kwame Poku Agyeman, the chief of Kaireku (also s…

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