OSIGU vs. TETTEH AND ANOTHER

JUDGMENT OF ADUMUA-BOSSMAN J. (His lordship stated the facts and continued): In Vanderpuye and Others v. Botchway (2 W.A.L.R. 20) Lord Cohen, giving the judgment of the Judicial Committee of the Privy Council, approved firstly the dictum of Kingdon, C.J. in Kwow v. Eku II (2 W.A.C.A. 180) that: “In cases such as this the real issue between the parties must be the test and not merely the wording of the suit,” and secondly the dictum of Smith, J. in Adu v. Dapaa (unreported) that: “It has long been the policy of appeal courts hearing appeals from native Courts to look beyond the wording of the claim as brought, and to decide the real matter in issue by a study of the whole record of the case.” Lord Cohen continued (p. 21):— “In their Lordships’ opinion therefore the decisions under the earlier Ordinance “ (the Native Administration Ordinance) “ still apply. They decided that a suit must fall into one category or the other “ (i.e. ownership of land,...