ADJEI V. GRUMAH

JIAGGE J.A.

This appeal is from the judgment of the High Court, Sunyani, allowing in favour of the defendant, an appeal against the decision of the District Court, Grade II, Goaso. The plaintiff’s claim was for general damages for trespass and specific damages for the crops destroyed on the land in dispute.

The plaintiff, a “stranger” at Mim, claimed that he rendered services as the chairman of the Mim Town Board and that he married a wife from Mim. He applied to the Mimhene for land to cultivate and after paying the customary fee of NC5 and a bottle of schnapps, he was granted virgin forest land on which he planted cocoa and other crops. He alleged that the defendant entered his farm and damaged 100 cocoa trees.

The defendant denied the allegation and asserted that he purchased the virgin forest land for N¢80 from the Mimhene and that he destroyed no crops because the area he cultivated was virgin forest land. The Mimhene, giving evidence for the defendant, admitted that he and his eld…