FRANCIS AGBEDZIE
V.
NANA OPPONG BASAWUKU II

(2010) JELR 63743 (CA)    
Court of Appeal  ·  CIVIL APPEAL NO: H1/63/2009 ·  4 Nov 2010 ·  Ghana
CORAM
ABBAN (MRS.) JA, (PRESIDING), KANYOKE JA, APALOO JA
Core Terms Beta
land
appellant
kofi tia
respondent
kwabena dwomoh
trial judge
cocoa farm
debiso stool
documentary evidence
late father
disputed land
inter alia
appellate court
forest land
kwa dwomoh
trial court
late brother
totality of the evidence
weight of evidence
conclusion of the trial
cross examination
customary drink
entire evidence
favour of the respondent
instant appeal
legal duty
part of the large tract of land
trite point of law
weight of the evidence
adverse claim of title
background history of the case
chief of debiso nana aforo kwaw
civil case
cocoa trees
conclusions of the trial judge
corroborated version
decision of the high court
findings of a trial court
first issue
learned counsel
parcel of land
portion of a virgin forest land
said findings of the trial court
sale of land
statement of case of the counsel
support of the findings
then committee
weight of the evidence all
wrong proposition of law

JUDGMENT

KANYOKE J. A.:

By this appeal, the plaintiff/appellant (hereinafter the appellant) questions the decision of the High Court, Sefwi Wiaso on the lone well known and often used general ground or reason that ‘The judgment is against the weight of evidence.”

Briefly the facts culminating in the instant appeal are that the appellant contends that somewhere in 1983 he approached the Chief of Debiso Nana Aforo Kwaw II for a piece/parcel of land for farming purposes. Nana Aforo Kwaw II led a delegation of some people to a place variously described as Kramokrom; Adiembra or Adabokrom and demarcated a portion of a virgin forest land for the appellant. The appellant in turn gave or offered to the chief and his elders twelve thousand old cedis (¢12,000.00) as a customary drink for the land. The appellant cultivated the land and planted Cocoa and oil plam. When the cocoa trees grew and matured into fruit yielding trees the appellant harvested the cocoa for two or three seasons without any hi…

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