ADJABENG vs. KWABLA [1960]DLHC38

Date	16 Mar, 1960
Suit No.
Citation No.	[1960]DLHC38

OLLENNU J.

PUPLAMPU (FOR LASSEY) FOR DEFENDANT-APPELLANT.

ASANTE FOR PLAINTIFF-RESPONDENT.

[1960]DLHC38
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													<main id="main" class="content" style="min-height: 60rem" >ADJABENG

&nbsp;vs.

KWABLA

&nbsp;[HIGH COURT ACCRA]

[1960] GLR 37

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DATE: 16TH MARCH, 1960.
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COUNSEL:&nbsp;&nbsp;

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PUPLAMPU (FOR LASSEY) FOR DEFENDANT-APPELLANT.

CORAM:

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OLLENNU, J.
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(1) That his father was owner in possession of the land at the date of his death, and either

(2) That he is the head of his father&rsquo;s family, or

(3) That he has been properly appointed successor to his father by the head and principal members of his father&rsquo;s family.

Before the merits of the case are dealt with, it is necessary to dispose of an important procedural matter. During the course of his evidence the defendant said that the plaintiff&rsquo;s father executed a deed of conveyance in his favour to evidence the sale of the land to him (the defendant) and that he had left the document in his home town, and wanted an adjournment to enable him to produce it. The native court accordingly granted the adjournment. The defendant, however, failed to appear on the adjourned date, but the native court received a letter from the chief clerk of the Adidome/Tongu Hospital, forwarding a medical certificate issued by the doctor in charge of that hospital certifying that the defendant was ill, had been admitted to hospital and could not attend court that day. Thereupon the native court adjourned the case to another date. On that date also another certificate of the doctor in charge of the hospital was received by the native court stating that the defendant was still a patient in the hospital and could not attend court. In spite of this medical certificate, the native court refused to grant a further adjournment, stating that they must finish the case before November 23, 1959; apparently they knew that their court would cease to exist on that day as the Local Courts Act, 1958, was to come into effect in the whole of the Eastern Region on that day. They therefore proceeded to give judgment in favour of the plaintiff for the declaration of his title to the land as prayed for by him in his writ of summons.