DONKOR vs. TEXAS PETROLEUM COMPANY

JUDGMENT OF VAN LARE J.S.C. Van Lare J.S.C. delivered the judgment of the court. The plaintiff brought this action before the Land Court, Kumasi, against the defendants, who had entered upon land, the subject-matter in dispute, and started erecting a petrol-filling station thereon, for wrongful entry, recovery of possession and mesne profits. He relied entirely on a lease dated the 23rd December, 1930, and made between the stool of Amakom and his predecessor Kojo Fori, whereby a large area of land comprising more than five acres, including the trespassed area, was demised and became vested in the plaintiff’s said predecessor. The trial came before Murphy J., on the 23rd day of March, 1959, who conceding to the argument that the lease relied on by the plaintiff was in fact a concession, and finding that it had not been dealt with as required by the Concessions Ordinance, held that it did not give a valid title since the requirements of the Concessions Ordinance Cap. 5 of the Laws o.....