NYAN vs. AMIHERE AND ANOTHER

JUDGMENT OF ADUMUA-BOSSMAN J.S.C. This appeal is against a decision of Charles J. dated 5 June 1962 in the Sekondi High Court whereby he gave judgment against the plaintiff-appellant (hereinafter called shortly the appellant) dismissing his claim for (1) a declaration of title to the parcel of land described in the writ, (2) £G500 damages for trespass and (3) Perpetual injunction to restrain the defendant-respondent (hereinafter called the respondent), his agents and servants from further commission of trespass on the said parcel of land. In the statement of claim filed on behalf of the plaintiff the following material averments were made: “(3) Plaintiff’s stool has attached to it a large tract of land including the land described in the writ of summons herein, [the description of the land in the writ was then repeated or reproduced in this paragraph of the statement of claim]. (4) In the year 1943 plaintiff‘s stool brought an action against the stool of the defenda...