Kojo Oku Alias B. C. Baidoo Of Ayan Sunkwa V. Akosuah Eduyaah Successor Of Owusuah (Deceased) Of Ayan Sunkwa (1951)

LawGlobal Hub Judgment Report – West African Court of Appeal

Motion for Writ of Restitution of Possession—Circumstances in which this procedure is applicable.

Facts

The plaintiff moved the Land Court for ” Restitution of Possession ” of the land as against the defendant. The Land Court granted the plaintiff’s motion being satisfied that the farmers claiming under the defendant were ejected and returned to the land.

The issue on the appeal was whether there was sufficient evidence to justify this procedure and whether the defendant was properly made a party.

Held

There was insufficient evidence to justify a finding that the defendant was responsible for the trespass, and to grant the relief sought would probably result in an interference with the rights of parties not before the Court. The proper procedure was to take proceedings for trespass against the persons alleged to be the actual offenders.

Appeal allowed.