[1976]DLCA1225 • July 19, 1976 • Court of Appeal
AKUNOR vs. OKAN
JUDGMENT OF AMISSAH J.A. Madam Atwei Akunor brought this action against Madam Sarah Odua Okan. The plaintiff claimed a piece of land situated at Labadi which she said was given to her as long ago as in 1936 by Nii Ofori Kwei, head of the Dzrase quarter of Labadi. The grant was made according to custom. On 12 September 1960, this grant, the plaintiff said, was evidenced in writing by a deed of conveyance. She had been in physical occupation of the land since shortly after the customary grant in 1936 without disturbance until about 1962 when the defendant began to interfere with her enjoyment of it. The plaintiff therefore asked for a declaration of title to the land and the usual order of perpetual injunction restraining the defendant and her agents from disturbing her in her occupation and use of the land in dispute. Madam Odua Okan, the defendant, of curse resisted the claim. She had got the land by way of a customary grant from no one else than the self same Nii Ofori Kwei...