R. A. Sasraku V. Okine & Ors (1930)

LawGlobal Hub Judgment Report – West African Court of Appeal

Land—Trespass—Previous judgment between privies—Compromise on appeal—Rejection of judgment because compromise not tendered in evidence at same time.

Facts

One Sasraku and one Kofi Kwesi had a dispute concerning certain land and instituted cross-actions to determine the title. There had been a previous action with reference to the same land, viz., Jotchi v. Nkum, in which judgment was given in favour of Nkum. Jatehie appealed, but the appeal was not decided, the parties entering into a compromise.

Sasraku, alleging Nkum to be his picdecessor in title, tendered in evidence the judgment in fatchie v. Nkum. The Court below refused to admit it, unless the compromise was tendered at the same time, on the ground that, without perusing the compromise, the Court was not in a position to say whether the compromise had or had not the effect of a judgment of the Full Court.

On appeal, the decision of the Court below was upheld.