(1962) JELR 69819 (HC)    
High Court  ·  4 Jun 1962 ·  Ghana
Other Citations
[1962] 1 GLR 439
Core Terms Beta
local court magistrate
local court
oath case
customary arbitration
order of partition
adjudication of the conflicting rights of the parties
apaloo j.
arbitration proceedings
authority of his maternal uncle
award of a customary arbitration
common consent
customary rum
deane c.j.
decision of the arbitrators
defendant claims
defendant damages
defendants appeal
farms of both parties
general rule
indispensable ingredient of a valid customary arbitration
judgment of the sekyere local court
local authority police station
local court magistrate non
main ground
mr. aboagye
mr. kofi ntem
mr. osei kojo
name kofi forfie
name kwasi akoi
necessary corollary
oath fee
partition of the land
plaintiff claims
present proceedings
question of the ownership of the farm
reason of the admitted award of the arbitration
record shows
rule of customary law
rules of natural justice
second limb of the submission of counsel
subject-matter of the present dispute
validity of the award

APALOO J.: This is an appeal from the judgment of the Sekyere Local Court delivered on the 15th June, 1961. In that action, the plaintiff claims against the defendant damages for trespass to a farmstead said to be situated at a place called Boakyi. The local court magistrate non-suited the plaintiff and ordered the land in dispute to be partitioned between the parties.

It appears from the evidence that the land in dispute is situated between the farms of both parties. The defendant claims that he went on the land on the authority of his maternal uncle by name Kwasi Akoi. The latter was joined to the suit as a co-defendant on his own application. A Mr. Kofi Ntem who also claimed to have authorised the plaintiff who is his niece to institute the present proceedings also sought to join this action. He was joined as co-plaintiff.

The evidence shows that about twenty-two years ago, there was some sort of dispute on the identical piece of land which is the subject-matter of the present disput…

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