NTSIN VII AND ANOTHER
V.
DOUGAN AND ANOTHER

(1960) JELR 63642 (HC)    
High Court  ·  26 Feb 1960 ·  Ghana
 · 
Other Citations
[1960] GLR 26
[1960] GLR 26 - 29
CORAM
ADUMUA-BOSSMAN J.
Core Terms Beta
plaintiff
evidence
judgment
defendant
facts
incidents
defendant’s mother
tradition
trial court
judgment of the trial court
plaintiff’s father
portion of the putubiw
traditional stories
actual facts
admissions of the plaintiff
best way
cape coast
chief kwesi abonyin
clear findings of fact
conflict of traditional history
course of action
defendants’ ancestor
defendants’ predecessors
disputed issue of ownership
evidence of the exercise of rights
first chief of asebu
great value
irrefutable evidence
issue of ownership
kwesi abonyin’s claim
laid claim
land
much uncertainty
palm trees
part of the defendant
plaintiff’s predecessors
plaintiff’s traditional history
putubiw village
recent years
respect of putubiw village land
respect of the disputed area
respect of the putubiw lands
second incident
series of definite incidents
son kwesi dadzie
such conflict
surrounding lands
traditional histories
tribunal record book

JUDGMENT

ADUMUA-BOSSMAN J.

(His lordship referred to the facts and continued): The trial court, faced with the task of resolving the issue of ownership on the conflicting traditional stories and on the other evidence of the exercise of rights of ownership in respect of the disputed area as well as adjoining parcels, decided to determine the disputed issue of ownership on the evidence other than the traditional stories. In deciding on that course of action they followed a course often adopted by some of our distinguished judges of the past, notably Sir Brandford Griffith, C.J., who in Kwaku v. Brown (Digest, p. 106) said as follows:-

“where there is so much uncertainty and so much indefiniteness, and where land has until recently been practically of no value, all that the Courts can do and what they ought to do, is to accept accomplished facts, whatever may have been the state of things 200 years ago,”

So to Hall, J., who in Re Asamangkese Arbitration (Div. Ct. 1926-29 p. 234) adopted the …

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