[1960]DLHC5388 • December 19, 1960 • High Court
GOLIGHTLY v. ASHRIFI
The case concerns a dispute over land ownership and rights at Kokomlemle involving the Okaikor Churu family, the Atukpai family, and the Korle priest acting on behalf of the Ga, Gbese, and Korle stools. The Okaikor Churu family had farmed the land since 1875 under rights granted by the Gbese stool. The Atukpai family claimed ownership in 1942 and sold the land, leading to trespass and building on the land. The Korle priest was joined as co-plaintiff asserting caretaker rights on behalf of the stools. The dispute involved multiple prior litigations concerning ownership and rights over the land.
read moreLord Denning delivered the judgment of their Lordships. [He set out the history of the Korle people and of the previous litigation. His Lordship then dealt with suits Nos. 11 of 1943, 7 of 1944, 5 of 1949, 39 of 1950, 2 of 1944, 46 of 1950 and 7 of 1951. In each case the decision of the trial judge and the West African Court of Appeal was affirmed. His Lordship continued:] Suit No. 15 of 1943: A family named Okaikor Churu had been in possession of land at Kokomlemle ever since 1875. They had been given the right to farm it by the Gbese stool. Distinguished members of the Gbese stool were buried on the land. When the trial judge visited it he found a tomb with a headstone showing that in 1932 a priest was buried there. In 1942, however, the Atukpai family claimed to be the owners of the land. They sold it to purchasers who put up buildings on it. In 1943, the head of the Okaikor Churu family brought an action against the Atukpai family claiming a declaration of title, £G100 damages for....