(1974) JELR 63682 (HC)    
High Court  ·  2 Jul 1974 ·  Ghana
Other Citations
[1974] 2 GLR 150
Core Terms Beta
trial magistrate
trial court
additional grounds
first witness
record of proceedings
supreme court
disputed area
inspection of the locus
real issue
recommended practice
second witness
appellate courts
behalf of the defendant
boundary owners
plaintiff’s claim
portion of the land
respective lands
strength of her own case
appeal court
brief history of this case
buabin stool land
common demarcator of the respective lands of the parties
critical examination of the facts of this case
deceased mother of the defendant
decision of the district court grade ii
evidence shows
form of a declaration of title
general pattern
judgment of the district court grade
magistrate’s evaluation
main ground
material details
oath state
only witness
part of the judgment
person of the present buabinhene
place of the old native courts
present appeal
quo persons
surveyed plan
usual boundary dispute
whole of her land

EDWARD WIREDU J.: This is an appeal from the decision of the District Court Grade II, Dunkwa, dated 4 August 1972. That decision dismissed a trespass action by the plaintiff-appellant (hereafter referred to as the plaintiff) against the defendant-respondent (hereafter referred to as the defendant) and upheld a counterclaim by the defendant who was awarded ¢100 damages against the plaintiff.

A brief history of this case reveals that the parties to this suit are adjoining boundary owners. They both farm at a place called Nyamebekyere II on the Buabin stool land. The plaintiff acquired her portion of the land in her own right whilst the defendant has succeeded to her portion through her deceased mother. The evidence shows that both the plaintiff and the deceased mother of the defendant acquired their respective lands during the reign of Nana Bugyei an ex-Buabinhene. The controversy between them is about the exact location of their boundary line and even though the plaintiff’s claim is wor…

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