[1959]DLHC1999September 10, 1959High Court

BRUCE vs. QUARNOR & ORS.

The plaintiff claimed ownership and possession of a parcel of land in James Town, Greater Accra, alleging that the defendants trespassed on portions of this land. The plaintiff had previously apportioned parts of the land to his children but reserved a portion for himself. The defendants claimed rights to the land based on grants from the James Town Stool. There was confusion regarding the exact boundaries and identity of the land due to discrepancies in plans and documents. The plaintiff had been in continuous possession of the land for over 30 years, and the dispute centered on the validity of the defendants' claims and the identification of the land in question.

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(His lordship referred to the pleadings and continued:-) The plaintiff’s first witness (a daughter) under cross-examination by counsel for the first defendant stated that her father the plaintiff had apportioned the land in dispute, and had made a gift of various portions of it to his children. She stated further that the area which the first defendant is alleged to have trespassed upon is within the portion granted to her (the witness) by the plaintiff. The plaintiff’s second witness, his son, also said under cross-examination that the plaintiff had given portions of the land to his children, but had reserved a portion for himself. This witness said that the portions which the second and third defendants are alleged to have trespassed upon are within the area which the plaintiff had reserved for himself. Learned counsel for the first defendant submitted that in view of the evidence given by those two witnesses the plaintiff is shown to have no locus standi, particularly as reg...