DOMPREH vs. PONG AND OTHERS

JUDGMENT OF MILLS-ODOI, J.S.C. The plaintiff in this action has appealed to this court against the judgment of Sowah J., dated 8 February 1963 by which the learned judge dismissed his claim for a declaration that six farms situated at Batabi were his self-acquired properties. His claims for damages for trespass and a perpetual injunction were also dismissed. The basic claim was that the six farms were the self-acquired properties of the plaintiff and it was grounded upon the following averments contained in paragraphs (3), (4) and (5) of the statement of claim: “(3) As such citizen he [plaintiff] cultivated the farms described in the writ of summons as far back as 1944, and has been re-cultivating the same regularly up to July 1962. (4) Plaintiff was afterwards, that is to say, in 1946, made the Odikro of Batabi, but was destooled in 1959. (5) On his destoolment these farms the subject-matter of dispute, were specifically handed over to the plaintiff by the Akyeasehene and hi.....