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LARTEI v. FIO


  • appeal
  • 1960-05-09
  • HIGH COURT
  • GLR 119-121
  • Print

OLLENNU, J.


Summary

Local courts?-Jurisdiction?-Sale of land under customary law?-Claim for specific performance?-Whether local court has jurisdiction?-Land?-Recovery of possession?-Laches.

Headnotes

The plaintiff in an action in the local court claimed specific performance of a contract for the sale of land. His case was that the defendant had sold five ropes of land to his predecessor, Broni, some thirty years previously, and had placed him in possession of four ropes only, promising the remaining rope later. The defendant had, however, remained in possession of the rope of land and cultivated it. The local court found for the plaintiff and the defendant appealed. The point was taken whether the local court had jurisdiction to hear the action being one (ostensibly) for specific performance of a contract.

Judgement

APPEAL from a decision of the West Akim Abuakwa Local Court "A" on November 19, 1959 in an action for specific performance of a contract for the sale of land and damages for trespass.

Decision

<P>Appeal allowed.</P>

Plaintiff / Appellant

No appearance by plaintiff.

Defendant / Respondent

A. Asafu- Adjaye

Referals

(1) Adjare v. Annang W.A.C.A. 3rd December, 1946, unreported;

(2) Hervi and Others v. Wirisi III 12 W.A.C.A. 256.

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