ABAYE
V.
AKATIA AND ANOTHER

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 …