Chief Sakpaku & Ors V. Chief Lugu Ahiaku Of Adutor & Ors (1942)

LawGlobal Hub Judgment Report – West African Court of Appeal

Land declaration of title damages for trespass injunction resjudicate incorrect plan

Facts

This is a claim for a declaration of title to land and for damages for trespass and an injunction. The Court of the Provincial Commissioner. Eastern Province, stopped the case in the Native Tribunal and transferred it to the Divisional Court. The Judge held, that cases between ancestors of both plaintiffs and defendants which occurred betwien 1904 and 1907 were confusing as regards the localities and could not be considered res inclimta as far as the present case is concerned, and that the defendants and their ancestors had been in continuous and effective possession of a portion of the land, viz: West of the River Todji. He gave judgment for the defendants in respect of that portion.

Held

That the plaintiffs/ appellants could not have succeeded in the Court below without producing a plan showing accurately the boundaries of the land claimed; that the real claim was for nominal damages and an injunction in respect of trespass by removing beams from trees felled by plaintiffs /appellants which is locally recognised as constituting a claim to ownership of land; that though the earlier cases could not be considered as res judicata, their outcome was clear and covered part of the land now in dispute and resulted in the success of the plaintiffs/appellants and that the trial Judge failed to give sufficient weight to ‘evidence and recorded findings which are demonstrably incorrect.

Appeal allowed, Judgment of Court below set aside and case remitted to Court below to be re-heard by a different judge.