AWUAH
V.
ADUTUTU AND ANOTHER

(1988) JELR 65617 (SC)

Supreme Court · 28 Jun 1988 · Ghana
·

Other Citations

[1987-88] 2 GLR 191

CORAM

ABBAN J.S.C.,OSEI-HWERE JA,LAMPTEY J.A.

Ratio Decidendi

Core Terms ^Beta

plaintiff

first defendant

high court judge

osei kofi

second defendant

exhibit b

declaration of title

learned trial magistrate

first plaintiff witness

presence of the plaintiff

high court

learned judge

limits of the land

size of the forest land

common boundary

first respondent

use of that rope

vacant land

boundary owners

cross-examination

disputed land

grant of the land

measurements of the disputed land

small area

abban j.s.c

behalf of his stool

caretaker of that stool land

common surveyor

conduct of the first defendant

considerable portion

considerable portion of the land

crucial findings of the learned trial magistrate

disputed portion

district court

district court grade

emissaries osei kofi

following manner

following question

further findings

grant of forest land

grants of the said stool land

old rope

physical demarcation of the land

plaintiff’s grant

plan of the disputed area

portion of land

portion of the stool land of nana akwaboahene

said decision of the district court

said payment

subsequent grant of that portion

ABBAN J.S.C.

The appellant sued the respondent in the District Court Grade I, Goaso, in Brong-Ahafo for a declaration of title to land, damages for trespass and an order for perpetual injunction. Judgment was entered in the appellant’s favour and the respondents appealed to the High Court, Sunyani.

On 15 July 1983 the High Court, Sunyani reversed the said decision of the district court, grade I and gave judgment for the respondents, dismissing the appellant’s claim. It is against this judgment that the appeal was brought.

The facts in the case were simple: The appellant (hereinafter referred to as the plaintiff) obtained a grant of forest land from the first respondent for cultivation. The size of the forest land granted was described as 12 x 24 poles and the plaintiff paid £110 (¢220) to the first respondent for the grant. The first respondent (hereinafter called the first defendant) issued a receipt, exhibit B, to acknowledge the said payment. The plaintiff entered into possession and…

AWUAH V. ADUTUTU AND ANOTHER

AWUAH
V.
ADUTUTU AND ANOTHER