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BRUTUW
V.
AFERIBA

(1984) JELR 69298 (CA)

Court of Appeal 11 Apr 1984 Ghana
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- The case involves a dispute over land that was gifted to the late John Sarbah and his wife Sarah Sarbah by John Sarbah's father. - The land is now owned by the descendants of John and Sarah Sarbah, who are being challenged by the plaintif

Case Details

Judges:FRANCOIS JA,EDUSEI JA,MENSA BOISON J.A.
Counsel:SHORT FOR THE APPELLANTS ,EWUSI-WILSON FOR THE RESPONDENT.

FRANCOIS J.A.

The late John Sarbah begat an illustrious son, the lawyer, scholar and author, John Mensah Sarbah. To make provision for his son and his wife Sarah Sarbah, John Sarbah made a gift to them of land at a place called Yaayaakuano. It appears the land comprised a contiguous parcel of two plots bisected by the Jukwa-Cape Coast road. The perimeters of the land were identified by cement pillars bearing the inscriptions J. M. S. and S. S. indicating the properties of John Mensah Sarbah and Sarah Sarbah, respectively. These pillars were affixed along a boundary of obar, onyinah and palm trees. There can hardly be any doubt therefore, that disputes over the boundary must necessarily take cognisance of both man-made fixtures which the cement pillars represent and the natural features which the forest trees provide. The Sarbahs are no more, but the property has descended to their descendants, the present defendants whose occupation and ownership of the land is challenged by the plain…

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