QUAGRAINE vs. DAVIES

LORD GUEST Lord Guest delivered the judgment of their Lordships. The question raised in this appeal is a purely procedural point, whether an appeal by the appellants to the Court of Appeal, Ghana was timeous. But in order to appreciate the point it is necessary to rehearse briefly the circumstances under which it arises. The history starts with a Privy Council judgment in 1929, in a litigation between a caretaker on behalf of the present respondent in regard to the title to Agissu land. The Board decided in favour of the appellant but no declaration of title was made. On the 14th October, 1948, the appellant issued a summons for a claim in trespass for recovery of possession of the Agissu land relying on the judgment of the Privy Council. In 1956, the case was still pending in the native court and it was thereafter transferred to the Land Court. In the statement of claim the plaintiff claimed recovery of possession of the Agissu land relying on the Privy Council judgment an...