WUO V. KWARKU

SARKODEE-ADOO J.S.C.

The learned Commissioner of Assize and Civil Pleas in his judgment held that on the evidence he did not think that the plea of estoppel could prevail against the plaintiff even though she stood by without asserting her title and gave evidence in the litigation in support of Kojo Dei’s claim to the property in dispute. He therefore gave judgment for the plaintiff but awarded no damages being of the opinion that no damage had been done; he further held that he also felt that as the plaintiff and the defendant were closely related and also related to late Amankwa, who it is said was succeeded partially by the plaintiff and generally by Kojo Dei, the defendant should have one-third interest in the cocoa farm as both plaintiff and defendant are very old and infirm people.

Upon perusal of the record and after careful consideration of the issues involved, we concluded that the learned Commissioner of Assize and Civil Pleas erred in holding that the plea of estoppel could …