[1963]DLSC9092 • April 8, 1963 • Supreme Court •
MOSI vs. BAGYINA
The respondent instituted an action in the Native Court of Goaso/Ahafo in 1958 claiming unlawful occupation of a piece of farm land by the appellant. The Native Court ruled in favor of the respondent, awarding possession. The appellant appealed unsuccessfully through the Asantehene's Appeal Court and the High Court, Sunyani. Subsequently, a writ of possession was issued by the High Court, Sunyani, based on an order by a Commissioner of Assize, which the appellant later sought to set aside on grounds of irregularity and lack of jurisdiction.
read moreAKUFO-ADDO J.S.C. The appellant was the defendant to an action instituted by the respondent in the Native Court of Goaso/Ahafo in Asante in 1958 in respect of a piece of farm land which she, the respondent, alleged had been unlawfully occupied by the appellant. The Native Court of Goaso/Ahafo entered judgment in favour of the respondent for “possession of the disputed land with costs to be taxed.” The appellant appealed from that judgment to the Asantehene’s Appeal Court which affirmed the decision of the trial native court. A further appeal to the High Court, Sunyani, was dismissed by Scott J. on the 12th May, 1959. On the 14th September, 1959, Mr. H. K. Prempeh (then at the Bar) applied to the High Court, Sunyani, on a motion ex parte on behalf of the respondent “for an order of this court for writ of possession to be issued for the enforcement of a judgment of the Goaso Native Court as varied by the Asantehene’s Appeal Court and confirmed by the Land Court, Sunyani, ...