BOOHENE
V.
OFEI

(1959) JELR 69665 (HC)    
High Court  ·  9 Mar 1959 ·  Ghana
 · 
Other Citations
[1959] GLR 101
[1959] GLR 101 - 104
CORAM
OLLENNU J.
Core Terms Beta
respondent
damages
evidence
judgment
defendant
farm
native appeal court
witness
inspection
native court
native trial-court
portion of the family land
witness-box
appeal
cross-examination
evidence of fresh trespass
further trespass
grounds
others
proceedings
17th january
african court of appeal
akwapim native court
appeal court
appellant’s evidence
case of the appellant
case of the respondent
case show
civil action
date of that judgment
decision of the case
double role
findings of the trial
first ground of reversal
good reasons
hearing evidence
institution of the suit
judgment of the17th january
judgment of the court of appeal
judgment of the trial-court
judgment of this court
native appeal court of akwapim
ollennu j.
practice of the members of a native court
present proceedings
report
report of their inspection
second ground of reversal
third ground of reversal
witness points

OLLENNU J.: The proceedings in this case show that prior, to the institution of the suit, there had been litigation between the. appellant on the one hand, and the respondent and others on the other hand. The judgment in the last of these suits was admitted in evidence in the present proceedings, and marked Exhibit “B”; it was delivered by the Akwapim Native Court (Grade “A”) on the 17th January, 1956.

The case of the appellant is that the respondent has been trespassing on his portion of the family land since the date of that judgment. The case of the respondent is that he has not committed any further trespass on the portion of the family land which is in the possession of the appellant. The respondent contended that it was in respect of the same acts which resulted in the judgment (Exhibit “B”) that the appellant instituted the present action, not in respect of any fresh entry. His plea in substance, therefore, is that the matter is res judicata.

The native trial-Court, after hearing…

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