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USSHER V. KPANYINLI II

(1989) JELR 69345 (CA)

Court of Appeal  •  19 Jan 1989  •  Ghana

Coram
OSEI-HWERE JA,AMPIAH JA,LAMPTEY J.A.

Appearances
OCRAN FOR THE PLAINTIFF-APPELLANT; SEKYI-HUGHES FOR THE DEFENDANT-RESPONDENT.

Judgement

OSEI-HWERE J.A.: Some time in 1980 the plaintiff, a subject of the Ekpu stool, disputed with the defendant, the chief of Ekpu, over the ownership of a piece of land lying at a place called Ekpu Ezanzie. The plaintiff claimed that this piece of land belongs to her family whilst the defendant said it formed part of his stool land. This dispute was brought to the notice of their Omanhene who deputed some of his elders to arbitrate over it. The parties submitted to the arbitration and subsequently an award was pronounced in favour of the defendant and the plaintiff was ordered to pay his costs. The plaintiff failed to comply with the order and rather mounted her action in the High Court, Sekondi, upon her notion that the arbitrators decided that the land belongs to her family but found her liable because she had refused to release the land to the defendant to allocate to his stool subjects in need. The plaintiff’s amended writ was indorsed with the following reliefs:

“(a) A declaration tha…

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