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ASARE V. DONKOR AND SERWAH II

(1962) JELR 65333 (SC)

Supreme Court  •  21 Dec 1962  •  Ghana

Coram
SARKODEE-ADOO JSC, OLLENNU JSC, AKUFO-ADDO J.S.C.

Judgement

OLLENNU J.S.C.

In this action, the identity of the land was not in dispute, and all the parties were agreed that the land is a portion of the lands of the Odikro of Nagodi under the stool of Nyinahin, and that the Odikro and his elders are the proper persons to make valid grants of it. They were also agreed that the Odikro, one Mathew Anokye made a grant of a portion of his stool land at one time to the first appellant, and a portion at another time to the plaintiff. Claiming that the area in dispute formed part of the land granted to him, the first appellant transferred it to the second appellant, an Omanhene of another state, and placed her in possession. The respondent resisted entry of the appellants upon the land, maintaining that the land is in his possession as owner, as part of the land lawfully granted to him by the Odikro. The appellants then lodged complaint against him with the Nyinahinhene, who, purporting to arbitrate on the dispute between the parties, declared the gran…

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