NUNEKPEKU AND OTHERS vs. AMETEPE [1961]DLSC10236

Date	1961-06-06
Suit No.	G L R 301 – 305
Citation No.	[1961]DLSC10236

PREMPEH J.

G. S. LASSEY FOR DEFENDANT-APPELLANT.

OFORI-ATTAH FOR PLAINTIFFS-RESPONDENTS.

[1961]DLSC10236
																																						<div class="restriction-wrapper">
														<div class="container-lg">
															<div class="row">
																<div class="col-md-12 restricted-content">
																	<div class="restricted-content-img-wrapper">
																		<div class="lock-icon bounce-7">
																			<img class=""
																				src="https://www.dennislawgh.com/dl-assets/dl-images/lock-content.png"
																				alt="Subscription based content">
																		</div>
																	</div>
																	 
																		<a href="https://www.dennislawgh.com/login"
																		class="btn btn-primary btn-lg"
																		style="font-family: 'open sans'; text-transform: capitalize; border-radius: 8px"> 
																		Login to Read Full Case </a>
																	 
																	
																</div>
															</div>
														</div>
													</div>
													<main id="main" class="content" style="min-height: 60rem" >NUNEKPEKU AND
OTHERS<o:p></o:p>vs.<o:p></o:p>AMETEPE<o:p></o:p>[HIGH
COURT, HO]<o:p></o:p><div style="border-top: none; border-right: none; border-left: none; border-image: initial; border-bottom-width: 1.5pt; border-bottom-color: windowtext; padding: 0cm 0cm 1pt;">

</div>COUNSEL:<o:p></o:p>G. S. LASSEY FOR DEFENDANT-APPELLANT.<o:p></o:p><div style="border-top: none; border-right: none; border-left: none; border-image: initial; border-bottom-width: 1.5pt; border-bottom-color: windowtext; padding: 0cm 0cm 1pt;">

OFORI-ATTAH FOR
PLAINTIFFS-RESPONDENTS.<o:p></o:p>

</div>CORAM:&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; <o:p></o:p><div style="border-top: none; border-right: none; border-left: none; border-image: initial; border-bottom-width: 1.5pt; border-bottom-color: windowtext; padding: 0cm 0cm 1pt;">

</div>&nbsp;<o:p></o:p><div style="border-top: none; border-right: none; border-left: none; border-image: initial; border-bottom-width: 1.5pt; border-bottom-color: windowtext; padding: 0cm 0cm 1pt;">

JUDGMENT<o:p></o:p>

</div>&nbsp;PREMPEH
J.<o:p></o:p>&nbsp;This is an appeal from the judgment of the
South Anlo Local Court "A" given in favour of the
plaintiffs-respondents herein.<o:p></o:p>&nbsp;In view of the nature of the case and of
arguments advanced in this court, I consider that the writ and/or particulars
of the claim as filed should be fully set out, and they are as follows:<o:p></o:p>&nbsp;"The land commonly known and called Bawe
land situate and being between Woe and Tegbi towns is admittedly the property
of Agbeve family of Anloga and Woe – which is under the control and supervision
of the plaintiffs as head and principal members of the said Agbeve family.<o:p></o:p>&nbsp;"The defendant who is not a member of
the said Agbeve family has been wrongly and unlawfully granted a portion of the
said Bawe land (previously cultivated by the late Abusah) by Kwashie Bohlibo
Akpalu a junior member of the Agbeve family without the knowledge, consent and
authority of the plaintiff and/or the family as a whole wherefore the
plaintiffs’ claim against the defendant is for an order of ejection of the
defendant from the land wrongly occupied by him at Bawe and bounded on the East
by Bawe Tribal land, West by the land of farm cultivated by Tsigui Akpalu:
North by the farm wrongly entered upon by Tetor Abotsi Aho and on the South by
the farm wrongly entered upon by Denu Kese.<o:p></o:p>&nbsp;2. A further order upon the defendant, his
agents, servants and labourers to vacate any other portion of Agbeve family
land known and called Bawe land, Aborme land and Aveglo land wrongly and
unlawfully occupied and/or cultivated by him.<o:p></o:p>&nbsp;3. £G100 damages for wrongful occupation and
possession of the said Agbeve family land.”<o:p></o:p>&nbsp;Paragraph 2 of the claim was amended as
follows:<o:p></o:p>&nbsp;"To remove the full stop after word
`him' appearing at the end of claim 2, and to add the following words: Upon the
ground that the defendant unjustly and without any authority sold portion of
the Agbeve family land at Woe-Aborme to a Madam Ablavi Adika Miheso of Woe.”<o:p></o:p>&nbsp;I gave leave to counsel to argue a preliminary
point as to jurisdiction, and the point argued was that the native trial court
had no jurisdiction to entertain a suit for ejectment. It was held in the case
of Kwamin Akyin v. Essie Egymah1&nbsp; that
forms of action in native tribunals are not to be stressed where the issue
involved is clear.<o:p></o:p>&nbsp;In this case, it is clear from the whole of
the proceedings that what actually the plaintiffs sought by their writ was an
order for the recovery of possession of land against the defendant, and
therefore after hearing arguments, I ruled that there was no substance in the
point taken, and called upon the appellants’ counsels to argue the merits of
the appeal.<o:p></o:p>&nbsp;Of the several grounds of appeal filed, the
only ones that it is necessary to consider, as in my opinion they must prevail,
are:<o:p></o:p>&nbsp;"(2)&nbsp;
That there is no evidence to substantiate the plaintiffs’ bold statement
that the defendant is not a member of the Agbeve family, the owners of the
land.<o:p></o:p>&nbsp;(4) That there is sufficient admission in the
evidence of the plaintiffs that the defendants is a son </main>