[1962]DLSC1650 • March 12, 1962 • Supreme Court •
SUMMEY vs. YOHUNO AND OTHERS
The plaintiff/respondent sued for damages for trespass and an injunction in respect of land at Akatawiah. She traced her claim through her grandmother, Maku, whose title to one rope of the land had earlier been affirmed in two prior tribunal judgments tendered as exhibits A and B. The defendants/appellants claimed through Tettey Yohuno and contended that Maku had occupied the land only by leave and licence. The respondent also relied on exhibit C as evidence that Maku intended her to take the land, and on long possession and occupation of the land after Maku’s death. Portion of judgment: “The plaintiff by her writ of summons claimed damages for trespass, and an injunction… The plaintiff claimed title through her grandmother, one Maku, deceased… The plaintiff tendered in evidence exhibit A and exhibit B… According to the plaintiff she took a keen interest in this land… on the death of Maku, the plaintiff took possession of the land and for nine years before she brought this action she had remained on this land making farms and tapping palm trees.”
read moreJUDGMENT OF CRABBE J.S.C. This is an appeal by the defendant from a judgment of Ollennu, J., sitting in the Land Division of the High Court of Justice dated the 29th March, 1960, which allowed an appeal for the decision of the Manya Krobo Court “A” Division, dated the 3rd June, 1959. The dispute between the parties concerns a piece of land situate at a place called Akatawiah. The plaintiff by her writ of summons claimed damages for trespass, and an injunction restraining the first and second defendant, their servants or agents from committing further acts of trespass on the land at Akatawiah. On the application of third defendant he was joined to the suit by an order of the trial native court, dated the 3th April, 1959. The plaintiff claimed title through her grandmother, one Maku, deceased; the defence on the other hand appears to be that the land, the subject-matter of the dispute, is one rope out of three ropes of land which was purchased by one Tettey Djokobre, the fathe...