CHEGU
V.
DAGOMBA

(1977) JELR 69822 (HC)    
High Court  ·  29 Nov 1977 ·  Ghana
 · 
Other Citations
[1977] 1 GLR 412
CORAM
EDWARD WIREDU J.
Core Terms Beta
plaintiff
trial magistrate
counsel
trespass
defendant
defendant’s cattle
cattle trespass
judgment
appeal
court
food crops
plaintiff’s farm
cows of the defendant
additional grounds
destruction of the plaintiff
farm of the plaintiff
order
plaintiff’s claim
plaintiff’s farm crops
support of ground
trial court
appellate court
brief facts of this case
c.a. somervell l.j.
compensatory damages
crucial matter of the destruction of the food crops
decision of the yendi district court grade
defendant-appellant
edward wiredu j.
evidence shows
extent of cattle owner
fate of the present appeal
following passage
hearing of the appeal
herds of cattle
issue of entry
land owners
leave of the court
monetary compensation
only aggravating circumstance
plaintiff-respondent
plaintiff’s complaint
preponderance of evidence
present appeal
present case
real issue
simple issues of fact
trial judge
usual omnibus ground
wanton act of destruction

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 v…

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