[1960]DLSC10233 • December 19, 1960 • Supreme Court •
GOLIGHTLY vs. ASHRIFI
The case concerns land ownership and rights over land at Kokomlemle involving the Okaikor Churu family, the Gbese stool, the Ga stool, the Korle priest, and the Atukpai family. The Okaikor Churu family had possessed the land since 1875 with rights granted by the Gbese stool. The Atukpai family claimed ownership in 1942 and sold the land, leading to a suit by the Okaikor Churu family for declaration of title, damages for trespass, and injunction. The Korle priest was joined as co-plaintiff. The dispute involved the nature of ownership and rights of the Korle priest and the stools over the land, including whether the Korle priest was a caretaker or owner with interest in the land.
read moreLORD DENNING Lord 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 ...