ABAKAM EFFIANA FAMILY & ORS.
V.
MBIBADO EFFIANA FAMILY & ORS.

(1959) JELR 63545 (CA)    
Court of Appeal  ·  2 Nov 1959 ·  Ghana
 · 
Other Citations
[1959] GLR 362
[1959] GLR 362 - 365
CORAM
VAN LARE AG. C.J.,GRANVILLE SHARP J.A,OLLENNU J.
Core Terms Beta
plaintiffs
judgment
counsel
decision
evidence
defendants
learned judge
learned judge of the land court
native trial-court
opinion
27th october
appeal
burden
circumstances
cj
conclusion
conflict
conflicting stories
consideration
controversial house
court
due consideration
extent of the land
favour of the defendant
full protection of the law
history of the case
inspection
invitation
judgment of the judge of the land court
judgment of the native trial-court
land owners
matter
merits
nature of a boundary dispute
occupation of the land
only reason
plaintiff
plaintiff fails
plaintiff’s own admission
portion of the land
record
response
shama native court
such circumstances
such evidence
traditional character
undisturbed possession
view
whole evidence
whole record

VAN LARE AG. CJ.: On the 27th October, 1959 we allowed this appeal from a judgment of the Judge of the Land Court, Sekondi, by which he set aside a decision in favour of the defendant in the Shama Native Court “B”

(His lordship stated the history of the case, and continued.)

We think that this can be regarded as being in the nature of a boundary dispute between two adjoining land owners, and the burden therefore rested upon the plaintiffs to establish with particularity the extent of the land which they claimed and the boundaries of it. This the plaintiffs lamentably failed to do.

On the plaintiff’s own admission it was established that the defendants had been in long undisturbed possession and occupation of the land, including that portion of the land on which the controversial house had been built, and were therefore entitled to the full protection of the law against anyone except a person who could affirmatively prove a better title. It is clear that the onus upon the plaintiffs in th…

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