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ASAMOAH
V.
SERVORDZIE

(1987) JELR 68000 (SC)

Supreme Court 19 Mar 1987 Ghana
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- The case involves a dispute over a piece of forest land in Ghana. - The defendant acquired the land in 1964 but failed to farm it properly. - The plaintiff acquired the same land in 1966 and transformed it into a flourishing farm. - The d

Case Details

Judges:ADADE JSC,FRANCOIS J.S.C,ABBAN JA,OSEI-HWERE JA ,WUAKU J.A.
Counsel:JAMES AHENKORAH FOR THE PLAINTIFF-APPELLANT; S. M. A. MAWUKO (FOR M. R. K. ATADIKA) FOR THE DEFENDANT-RESPONDENT.
Other Citations:[1987-88] 1GLR 67

ADADE J.S.C.: In December 1964 the defendant-respondent (hereinafter referred to as the respondent), a border guardsman then stationed at Dormaa-Ahenkro, acquired a piece of forest land at Asikasu, Brong Ahafo, for farming. He paid; £44s — and a bottle of schnapps. He failed to farm it. On this aspect, the observation of the Court of Appeal in Asomah v. Servordzie [1981] G.L.R. 152 at 158-159, C.A. is pertinent. It says:

“Cultivation of a farm does not mean simply the clearing of land and planting of crops. It involves also good husbandry and constant maintenance to enable the farm to flourish and bloom. Mere token cultivation to assert one’s occupation is not enough.”

Making appropriate inferences from the evidence as a whole the Court of Appeal found at 158 that:

“. . . the respondent cleared only a portion of the area demarcated to him by Anin and left a substantial area uncleared. After his transfer, the respondent did not take adequate steps to maintain the farm and as such the whol…

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