[1972]DLCA2224 • July 3, 1972 • Court of Appeal
HAMMOND vs. ODOI AND ANOTHER
The applicant claimed title to a parcel of land at Kotobabi, Accra, alleging ownership through a customary grant from the Nii We family under the Osu Stool, seeking declaration of title, damages for trespass, and an injunction against the respondents who had erected a building on the land. The respondents contested the claim, leading to a dispute over the validity of the customary grant and the nature of the title held by the applicant.
read moreThis is an application by the plaintiff-respondent-applicant (hereinafter referred to shortly as the applicant) for an order for leave to appeal to the Supreme Court against the majority judgment of this court in Odoi v. Hammond [1971] 1 G.L.R. 375, C.A. given on 21 December 1970, setting aside the judgment of Apaloo J.A., as he then was, sitting as an additional judge of the High Court, Accra. The majority decision of this court from which Siriboe J.S.C. dissented was delivered by Azu Crabbe J.A., as he then was, and Sowah J.A. In order the better to appreciate the reason why leave to appeal had to be sought from this court, it is necessary in the first place to know the nature of the proceedings which were commenced in the trial court, and to refer also to the provisions of the law then applicable, that regulated the procedure for appeals from this court to the Supreme Court. The claim of the applicant against the defendants-appellants-respondents (hereinafter referred to as th...