PENIANA AND OTHERS vs. AFFRAM

JUDGMENT OF BRUCE-LYLE J.S.C Bruce-Lyle J.S.C. delivered the judgment of the court. This is all appeal from the judgment of Simpson J. sitting in the Land Court, Ho, and dated 4 June 1960. The plaintiff-respondent (hereinafter referred to as the plaintiff) took an action against the defendants appellants (hereinafter referred to as the defendants) in the Local Court B of Peki State for a declaration of title to an extensive area of land west of Tsito, £G50 damages for trespass, an order for recovery of possession and perpetual injunction. This cause was later transferred to the Land Court, Ho, where pleadings were ordered. The plaintiff in his statement of claim based his claim on an outright sale of the land described in the writ to his late father by one Bie (deceased). He averred that the land had been in his father’s and in his own possession for about 62 years and that seven years prior to the issue of the writ, the defendants, members of the defendants’ families and their l...