ABAYE
V.
AKATIA AND ANOTHER

(1982) JELR 63554 (HC)    
High Court  ·  17 Jun 1982 ·  Ghana
 · 
Other Citations
[1987-88] GLR 1072
CORAM
ANSAH-TWUM J.
Core Terms Beta
custom
plaintiff
defendants
evidence
trial court
trial magistrate
plaintiff’s backyard garden
accepted custom
cost of the plaintiff
declaration of title
gold coast
criminal code
customary funeral rites
inter alia
natural justice
obnoxious custom
western nzima traditional area
alleged offending custom
common ground
court of law
customary laws of the various tribal communities
description of the land
dismissal of his claim
eastern part of nuba
entire western nzima area
following observations
garden crops
general damages
given case
judgment of the district court grade
learned author
man ampah
modern thinker of a sophisticated mind
native land
natives of the locality
only ground of appeal
opening of the funeral rites
overwhelming evidence
plaintiff-appellant
plaintiff claims
plaintiff’s chief complaint
practice of certain customs
property of other persons
sarbah fanti customary laws
special damages
supreme court
teenage girl
total cost of the plaintiff
tufuhene amdahl

JUDGMENT

ANSAH-TWUM J.

This is an appeal against the judgment of the district court grade II, given on 18 May 1981 at Half Assini. The appellant’s complaint here is against the dismissal of his claim which runs as follows:

“The plaintiff claims from the defendants, jointly and severally the sum of 1,000 cedis being the total cost of the plaintiff’s garden crops to wit quantity of standing plantains, grown yams and standing sugar-cane grown by the plaintiff in the plaintiff’s backyard garden which unreasonably, the defendants on 17 September 1980, marched a number of youngmen to the plaintiff’s backyard garden and destroyed such crops during the opening of the funeral rites of one Madam Musu and one alleged Tufuhene Amdahl.”

The only ground of appeal argued by learned counsel is ground 3 (b) which reads as follows. “The trial magistrate seriously erred in relying on an illegal and obnoxious custom in entering judgment for the defendant.”

It is evident from the judgment in question that the …

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