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CHEGU
V.
DAGOMBA

(1977) JELR 69822 (HC)

High Court 29 Nov 1977 Ghana
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- The appellate court affirmed the defendant’s strict liability for cattle trespass onto the plaintiff’s land but reduced the damages from ¢300.00 to ¢100.00, holding that without evidence of destruction to crops, only nominal damages are m

Case Details

Judges:EDWARD WIREDU J.
Counsel:MUMUNI BAWUMIA FOR THE APPELLANT; R. I. ALHASSAN FOR THE RESPONDENT.
Other Citations:[1977] 1 GLR 412

EDWARD WIREDU J.

This is an appeal from the decision of the Yendi District Court Grade II by which the court upheld the claim by the plaintiff-respondent (who shall hereafter be referred to simply as the plaintiff) against the defendant-appellant (who shall also hereafter be referred to as the defendant for “compensatory damages of ¢400.00 for the defendant’s cattle destroyed the plaintiff’s farm crops to wit: guinea corn, maize, after several repeated warnings to the defendant by the plaintiff.”

The brief facts of this case may be stated as follows: The parties to this suit are adjoining land owners. Their two lands are separated by a valley. The evidence shows that on the plaintiff’s farm were grown some food crops made up of guinea corn and maize. The defendant also owned some herds of cattle on his farm which used to go and graze in the valley. It is the plaintiff’s complaint that the cows of the defendant had been straying onto his farm causing destruction to his crops and that var…

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