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DORYUMU II & ORS.
V.
ABABIO II

(1959) JELR 67488 (CA)

Court of Appeal 23 Mar 1959 Ghana
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- The case involves an appeal under the Forests Ordinance regarding ownership of land within a proposed forest reserve. - The Reserve Settlement Commissioner referred certain issues to the Native Court for determination. - The decision of t

Case Details

Judges:KORSAH C.J.,VAN LARE J.A. ,OLLENNU J.
Other Citations:[1959] GLR 137

VAN LARE J.A.: We give our reasons for dismissing this appeal on the 3rd March, 1959.

The proceedings in this matter originated under, and are governed by, the Forests Ordinance. During the course of an enquiry into claims in connection with the Bimpong Forest Reserve certain disputes arose between the parties in this appeal as to the ownership of land lying within the proposed Reserve. On the 10th day of March, 1954 the Reserve Settlement Commissioner, acting under section 9(2) of the Ordinance, referred certain issues to the Native Court of the Denkyire Confederacy Grade “A” for determination. There could be no doubt that the decision of the Native Court was to be merely interlocutory, as its decision had to be otherwise implemented. The boundaries of the land found to be owned by the respective parties had to be delineated, and a survey had to be undertaken to enable a written description of the boundaries of each plot ascertained to be recorded, and to be produced and given in evid…

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