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ASAMOAH V. SERVORDZIE

(1987) JELR 68000 (SC)

Supreme Court  •  19 Mar 1987  •  Ghana

Coram
ADADE JSC,FRANCOIS J.S.C,ABBAN JA,OSEI-HWERE JA ,WUAKU J.A.

Judgement

ADADE J.S.C.: In December 1964 the defendant-respondent (hereinafter referred to as the respondent), a border guardsman then stationed at Dormaa-Ahenkro, acquired a piece of forest land at Asikasu, Brong Ahafo, for farming. He paid; £44s — and a bottle of schnapps. He failed to farm it. On this aspect, the observation of the Court of Appeal in Asomah v. Servordzie [1981] G.L.R. 152 at 158-159, C.A. is pertinent. It says:

“Cultivation of a farm does not mean simply the clearing of land and planting of crops. It involves also good husbandry and constant maintenance to enable the farm to flourish and bloom. Mere token cultivation to assert one’s occupation is not enough.”

Making appropriate inferences from the evidence as a whole the Court of Appeal found at 158 that:

“. . . the respondent cleared only a portion of the area demarcated to him by Anin and left a substantial area uncleared. After his transfer, the respondent did not take adequate steps to maintain the farm and as such the whol…

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