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KORANG
V.
ATTA & ORS

(1958) JELR 115855 (HC)

High Court 26 Feb 1958 Ghana
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Case Details

Judges:OLLENU J.
Counsel:AMPAW FOR THE DEFENDANT. PLAINTIFF NOT REPRESENTED AND DID NOT APPEAR.
Other Citations:3 WALR 349-351

JUDGMENT

OLLENNU J. This is an appeal from a judgment of the Akyem Abuakwa Native Court "A," Tafo, delivered on October 31, 1957, in favour of the plaintiff. The claim is for damages for trespass to land alleged by the plaintiff to be a farmstead and forest situate at Tenponse or Kwayeme near Banso. The elements of a claim for trespass are: possession by the plaintiff, and invasion of that possession by the defendant. On the question of possession the only evidence led by the plaintiff is that some thirty years or so ago she cut the wild climbers on a portion of the area with a view to cultivating the forest into a farm, but, owing to ill-health, she was unable to make the farm, or even mark the forest trees to indicate an area which she intended to develop into a farm. She says that a few months before this action commenced, that is a few months before August 8, 1957, she went upon the land, and finding that someone had cultivated it, caused cocoa-yams to be planted on a portion of it…

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