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ANIAMOAH V. OTWIRAAH

(1961) JELR 67519 (SC)

Supreme Court  •  26 Jun 1961  •  Ghana

Coram
KORSAH C.J. JSC, SARKODEE-ADDO JSC ,AKIWUMI JSC

Appearances
-BENJAMIN WITH HIM W. BOSSMAN FOR THE APPELLANT,NO APPEARANCE FOR THE RESPONDENT.

Judgement

KORSAH C.J.: The parties in this case are adjoining farm owners. The defendant is the mother of one Yaw Mensah, deceased, with whom the plaintiff jointly cleared a forest land at a place commonly known as Daakwaye in Ashanti. After the forest land had been cleared and before cultivation, the plaintiff and the late Yaw Mensah by agreement, requested their mutual friend Kwame Akwaaboah to supervise the partition of the said area between them; this was accordingly done. According to the evidence of the said Kwame Akwaaboah the boundary fixed between them was as follows: “Commencing from the base line of the boundary is a streamlet, thence unto Wawapuo tree, thence unto Onyina tree, and thence unto ant hill and thence unto an Odum tree, thence unto Esa tree and thence unto an ant hill (esie) thence unto Wawapuo tree where it ended.” There is evidence that after such demarcation as described, the plaintiff and the late Yaw Mensah began cultivation of their respective portions by growing c…

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