SASU V. AMUA-SEKYI

WUAKU JA

Wuaku JA delivered the first judgment at the invitation of Abban JA.

This is an appeal from a decision of his Honour M Atta-Fynn sitting as a circuit court judge at James Town, Accra. He gave judgment in favour of the respondent (who shall hereinafter referred to as the plaintiff) against the appellant (hereinafter referred to as the defendant). The writ of summons was issued on 30 May 1974 and the judgment given on 10 April 1985. The case although a simple one, has a long and a stormy history behind it.

In order to understand the case and to apply the law, it is necessary that I should take some time to state the relevant facts and other incidents that occurred during the trial. During the course of the trial the writ of summons together with the pleadings on both sides were amended. The plaintiff’s claim is for:

(a) declaration of title;

(b) recovery of possession;

(c) perpetual injunction, etc; and

(d) ¢500 damages for trespass in respect of a piece of land.

The plaintiff de…