Kwasi Agyako Formerly F. K. Agyako V. Nazir Zok & Ors (1944)

LawGlobal Hub Judgment Report – West African Court of Appeal

Land—recovery of possessior–damages—injunction—pleadingsestoppel.

Facts

Fourth Defendant-Respondent leased the land to the Plaintiff-Appellant. The overlord’s consent was not obtained. The terms of the lease included the payment of ” homage fee.” Plaintiff-.Appellant defaulted and Defendant-Respondent re-entered. Ultimately 4th Defendant-Respondent leased the land to 1st and 3rd Defendants-Respondents, whereupon the Plaintiff-Appellant brought this action :-

Held

Trial Judge should have exercised discretion and ordered pleadingsDefendants-Respondents should have denied liability and disclosed defence—estoppel should be pleaded, but if obvious should succeed although not pleaded—Kumasi Native Customary Law precludes leases without consent of overlord.

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Appeal allowed.