[2018]DLSC482May 9, 2018Supreme Court

IDDRISU TIFUURO TATALI vs. ALHAJI SAAKA YAKUBU

The appellant, head of the Tatali family of Kpongo village near Wa, sued the respondent, a farmer from Fongo, for declaration of title and injunction over a disputed land near Wa Polytechnic. The appellant claimed ancestral ownership and that the respondent, a relation of Maamani (a person to whom a portion of land was granted by the appellant's family), unlawfully erected a signpost on the land. The respondent counterclaimed title to the land, asserting ancestral grant from Jangburnga Naa of Sokpoyiri and continuous farming without interference. The dispute involved issues of land boundaries, ancestral grants, and ritual purification of the land.

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This is an appeal by the plaintiff/respondent/appellant, against the judgment of the Court of Appeal dated 26th July 2013. The Court of Appeal in the said judgment allowed an appeal by the defendant/appellant/respondent against a decision of the High Court dated 17th May 2010. We shall refer to the plaintiff/respondent/appellant as the appellant, and the defendant/appellant/respondent, as the respondent. The facts in this case are as follows. The Appellant is the head of the Tatali family of Kpongo village near Wa. The Respondent is also a farmer resident at Fongo, a section of Wa. The Appellant on 22nd May 2007 issued a writ against the Respondent in the High Court seeking the following reliefs: Declaration of Title to all that piece and parcel of land lying, situate, opposite the Wa Polytechnic new site bounded on the North by the Muglu valley measuring about 1km on that side; on the West by the Wa-Kpongo road measuring about 1km on that side; on the South by Appellant’s.....