GOLIGHTLY v. ASHRIFI
1960
CORAM
- LORD DENNING
- LORD KEITH OF AVONHOLM
- LORD COHEN
Areas of Law
- Property and Real Estate Law
- Civil Procedure
1960
CORAM
AI Generated Summary
The case revolved around a land dispute in Kokomlemle between the Okaikor Churu family and the Atukpai family. Initially, the trial court declared the Okaikor Churu family as possessory owners and awarded them damages and an injunction against the Atukpai family for trespassing. The Atukpai family's appeal, which included a plea of res judicata, was rejected. The West African Court of Appeal modified a part of the trial court’s decision but largely upheld it. The Korle priest's role as a caretaker with an interest and the conditions for land grants and sales under customary law were affirmed.
JUDGMENT OF LORD DENNING
Lord Denning delivered the judgment of their Lordships. [He set out the history of the Korle people and of the previous litigation. His Lordship then dealt with suits Nos. 11 of 1943, 7 of 1944, 5 of 1949, 39 of 1950, 2 of 1944, 46 of 1950 and 7 of 1951. In each case the decision of the trial judge and the West African Court of Appeal was affirmed. His Lordship continued:] Suit No. 15 of 1943: A family named Okaikor Churu had been in possession of land at Kokomlemle ever since 1875. They had been given the right to farm it by the Gbese stool. Distinguished members of the Gbese stool were buried on the land. When the trial judge visited it he found a tomb with a headstone showing that in 1932 a priest was buried there. In 1942, however, the Atukpai family claimed to be the owners of the land. They sold it to purchasers who put up buildings on it. In 1943, the head of the Okaikor Churu family brought an action against the Atukpai family claiming a declaration of title, £G100 damages for trespass and an injunction. Later on the Korle priest was apparently joined as co-plaintiff. At the trial in 1951, the learned judge decided in favour of the plaintiffs and made a declaration which does decide the essential issues in this appeal. His order was as follows:—
[p.31]
"The plaintiff, Afiyie, is granted a declaration that she and the other members of the Okaikor Churu Family are possessory owners of that portion of land [here it is described] which they are entitled to use for purposes of farming and residence by the members of their family, subject to the rights of the Ga and Gbese and Korle Stools who are recognized by customary law as being the allodial owners of that land.
"In respect of the trespass by authorising this building of a house [described] the nature of the trespass was one which has destroyed the character of the land as farming land and was persisted in despite protest . . . . I assess the general damages at £G100.
"The plaintiff is granted the injunction prayed for (that is to say, a perpetual injunction restraining the Atukpai people from entering upon the land or dealing with it in any manner whatsoever)".
Their Lordships are clearly of opinion that this declaration and injunction does decide the rights of these families in a manner which is binding on them. Their Lordships read the word "allodial" as meaning that the three stools are owners free of external control. They do not hold of anyone else. The de