[1961]DLSC10234February 27, 1961Supreme Court

KWAME vs. FIO

On the 27th February, 1961, the Supreme Court (Korsah, C.J., van Lare and Sarkodee-Adoo, JJ.S.C.) affirmed for a different reason the judgment of Ollennu, J. in the High Court (Lands Division) Accra, reported sub nom. Lartei v. Fio at [1960] G.L.R. 119. The Supreme Court said: “In our opinion the proper ground on which to rely in reversing the judgment [of the local court] was the failure of the plaintiff to prove his claim with such degree of particularity as to identify the land . . . “In the special circumstances, however, we order that the plaintiff shall have liberty to bring a fresh action if he so desires, in view of the fact that there is no declaration of title to any particular lands in these proceedings.”