BUCKNOR v. ESSIEN

JUDGMENT OF CRABBE J.S.C.

This is an appeal from the judgment of Adumua-Bossman J. (as he then was) sitting in the Land Court, Cape Coast, in exercise of its appellate jurisdiction from a decision of the Cape Coast Municipal Local Court in a suit by which the plaintiff claimed £G50 damages from the defendant for trespass.

[p.428]

The brief facts of the plaintiff's case which were not controverted were that the plaintiff, who is the surviving son of the late Sir Arthur Joseph Eugene Bucknor (deceased), occupies house No. E.64/4, Jukwa Road, Cape Coast, and the land surrounding it, the property of his late father. His two married sisters, Mrs. C. E. Agbage and Mrs. D. K. Ayibade with whom he claims to be co-owners of this house, are normally resident in Nigeria. One afternoon in May 1959 the defendant accompanied by Mr. J. B. Short, a legal practitioner in Cape Coast, went to the plaintiff's house and there Mr. Short told the plaintiff that he had received instructions from a lawyer in Nigeria acting on behalf of his sisters to sell the premises occupied by him as soon as practicable. The plaintiff maintained that he had an interest in the house and Mr. Short then departed. Later the plaintiff went to see Mr. Short and asked him to show the instructions to him, but Mr. Short refused and pointed out to the plaintiff that he had no interest in the property because he was not a party to a suit involving the property. Some time after the 2nd July, 1959, the defendant alone went to the premises on the instructions of Mr. Short and asked the permission of the plaintiff to take snapshots of the house. The plaintiff granted him permission.

Then on 17th July, 1959, Mr. Short himself took the Central Regional Commissioner, Mr. J. E. Hagan, to the house and showed him round with a view to inducing him to buy it. The plaintiff resented this conduct of Mr. Short and the following passage from his evidence clearly exemplifies his indignation:

"I then told lawyer Short that he should understand that I live at the place as living in my own father's house. I warned him from that day that he should not come there again to the spot nor send anyone to act for him on the spot. I warned him not to step on the land unless with an order of the court."

Notwithstanding this stern warning the defendant accompanied by three others went to the premises, and started to lead these men around the estate. The plaintiff went up to them and asked the defendant what he wanted on the pr