SUMMEY vs. YOHUNO AND OTHERS

The appellant/plaintiff sued in the Manya Krobo Native Court “A” for damages for trespass and an injunction in respect of a one-rope parcel of land at Akatawia in the Manya Krobo State. She claimed title through her grandmother, Maku, alleging that the land had originally been gifted by the common ancestor, Tetteh Djokobri, to Maku, and that she herself later acquired the land either by a customary will or by gift inter vivos from Maku. The defendants entered the land asserting ownership through Tetteh Yohuno, another child of Djokobri, and contended that Maku had occupied the land merely as a licensee. The dispute therefore turned on title, possession, estoppel arising from earlier judgments, and the validity of the plaintiff’s asserted modes of acquisition. Portion of judgment: “The appellant sued in the Manya Krobo Native Court ‘A’, claiming damages for trespass to, and injunction in respect of, a piece of land… The respondent resisted the claim, contending that their entry upon the land was in exercise of rights vested in them as owners of the land.”