[1960]DLHC38 • March 16, 1960 • High Court
ADJABENG vs. KWABLA
The plaintiff claimed title, damages for trespass, and an injunction over land at Asiase near Asamankese, asserting it was self-acquired property of his deceased father, Benjamin Kwame Ofori Adjabeng, and that he succeeded to it. The defendant contended he purchased the land from the plaintiff's father about 13 years prior and had been in possession since. The plaintiff's evidence showed his father bought the land in 1939, sold it to the defendant around 1949, and the plaintiff never challenged the sale during his father's lifetime, who died in 1957.
read moreJUDGMENT OF OLLENNU, J. This is an appeal from a judgment of the West Akim Abuakwa Local Court, Division “2”, sitting at Asamankese. The respondent, who was the plaintiff in the native court, claimed:- (1) declaration of title, (2) damages for trespass, and (3) injunction in respect of a piece of land situate at Asiase near Asamankese; the land is fully described in the writ of summons. The grounds for his claim are that the land was the self-acquired property of his father, one Benjamin Kwame Ofori Adjabeng of Somanya, now deceased, and that he (plaintiff) has succeeded to it. Opposing this claim, the defendant contended that he purchased this land from the plaintiff’s said father about 13 years ago, and that he has remained in possession as owner thereof ever since. To succeed in his claim the plaintiff must establish two facts; if he fails in either of them his claim ought to be dismissed. The two things which he must establish are:- (1) That his father was owner in p...