TOURE vs. BAAKO

JUDGMENT OF ADADE JSC. The plaintiff-respondent (hereinafter referred to as the plaintiff) brought this action in the High Court for the following reliefs: (1). “Declaration of title, and recovery of possession of all that piece and parcel of land situate lying and being at Sabon Zongo, Accra as described in the schedule hereunder. (2). Perpetual injunction restraining the defendant, his agents, workmen and servants from entering upon the land or interfering with the plaintiff’s enjoyment thereof. (3). ¢3,500 damages for trespass.” The basis for these claims was set out extensively in his statement of claim, and boils down to this, that some time in 1966 he voluntarily gave the piece of land in dispute to the defendant-appellant (hereinafter referred to as the defendant) to erect a dwelling house thereon for himself. The defendant was then married to his, the plaintiff’s sister. The conditions attaching to the grant, and the casus belli of this litigation, are s...