YARTEY AND OKO V. CONSTRUCTION AND FURNITURE (WEST AFRICA) LTD.

ADUMUA-BOSSMAN J.S.C.

From the pleadings there emerged as the main issues between the appellants and the first and second respondents (the original defendants and the registered trustees) the following:

(1) Whether the appellants were entitled, or had any right to sue in the representative capacity in which they sued;

(2) whether the first respondents’ admitted entry on a portion of the land was or was not unlawful; and whether in making entry they did the acts complained of in paragraph 5 of the statement of claim, namely, laid waste farms;

(3) Whether or not the appellants had usufructuary rights over the land according to native customary law, and whether, if they had, any alientation without their consent was not void.

As between the appellants and the third respondent, i.e. the Onamrokor Adain family the main issue was whether the third respondent was entitled or not to grant to the first respondents the right of ingress and egress along the narrow strip of land used as a road across…