[1987]DLCA790 • May 9, 1987 • Court of Appeal
NYIKPLORKPO vs. AGBODOTOR
The plaintiff, as head of the Gle family, claimed title and possession of land at Mafi Nukportoe, alleging that a maternal ancestor, Adedeke, owned a large tract and granted a portion to Gle, the plaintiff's paternal ancestor. Gle purportedly granted farming rights to the defendant's ancestor, Tsirinyi, with conditions restricting felling of economic trees and requiring provision of corn and groundnuts. The defendant's ancestor and successors allegedly breached these conditions, including selling land portions. The defendant denied these claims, asserting original cultivation and continuous possession by his family, supported by a prior 1916 judgment.
read moreJUDGMENT OF ABBAN J.A. On 26 January 1984 the Circuit Court, Ho entered judgment against the defendant-appellant (hereinafter referred to as the defendant) in a land suit. It is from this judgment that the defendant appealed. The plaintiff-respondent (hereinafter referred to as the plaintiff) had sued the defendant for a declaration of title to a piece of land at Mafi Nukportoe, the recovery of possession of the said land, damages for trespass and perpetual injunction. The plaintiff had brought the action in his capacity as the head of Gle family, and his case was that a maternal ancestor of his, called Adedeke, owned a large tract of land. Adedeke granted a portion of that land to one Gle. This Gle happened to be the plaintiff’s paternal ancestor. The plaintiff alleged that Gle, his said paternal ancestor, during his lifetime gave permission to an ancestor of the defendant, by name Tsirinyi, to farm on a “small portion” of that land which had been granted by Adedek...