[1960]DLHC22 • May 27, 1960 • High Court
AMETAMEH vs. ATAKPLAI III
The plaintiff claimed ownership and possession of Dormellam Kewu island in the River Volta, alleging the defendant trespassed by removing sand from the island. The defendant denied ownership and trespass, claiming the sand was taken from a different location and challenged the court's jurisdiction.
read moreJUDGMENT OF OLLENNU, J. The claim in this case is for injunction and damages for trespass; and the subject matter is an island called Dormellam Kewu, in the River Volta, in the Klepa Division of Osudoku. The plaintiff pleaded that he is owner in possession of the said island, and that the defendant has wrongfully entered upon his said island and been committing waste by taking and carrying away sand therefrom. In his statement of defence the defendant denied the plaintiff’s ownership, possession and occupation of the land; he also denied trespassing on the said island as alleged, and pleaded (1) that the place where he has been taking sand from is about two and a half miles away from the island the subject of the suit, and (2) that the court has no jurisdiction in the matter. In reply the plaintiff pleaded that the defendant is estopped (1) by his conduct and (2) by an arbitration award from denying his, the plaintiff‘s ownership, possession and occupation of the island. ...