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ASENSO V. NKYIDWUO

(1956) JELR 81469 (CA)

Court of Appeal  •  23 Apr 1956  •  Ghana

Coram
Coussey JA., Korsah JA., Ames Ag.JA.

Appearances
Prempeh for the plaintiff. Danquah for the respondent.

Judgement
<p style="text-align: center;"><strong><u>JUDGMENT</u></strong></p><p style="text-align: justify;"><strong>COUSSEY P</strong>.</p><p style="text-align: justify;">In this action, the defendant appeals from the judgment of the Land Court, Kumasi, which restored the judgment of the Native Court &quot; B &quot; of Juaben which had awarded the plaintiff £75 damages for being&quot; deprived by the defendant&quot; of the possession on his cocoa farm at Sradiebedwumgya. It is not disputed that the farm had, in the first instance, been made on Juaben Stool land by the defendant. The defendant said in evidence at the hearing:-</p><blockquote><p style="text-align: justify;">“I introduced myself to the Omanhene of Juaben that I am cultivating in farm or land in his Stool land. ..I went away. When I was in my town he sent a bearer to call me. He told me I must come and enter into agreement with Juaben Stool and myself. I told him that I am now planting cocoa trees, also it is not good to enter into agreement by now. He said he is not talking about cocoa but foodstuffs. I went to inform my chief Adontenhene. Adontenhene deputed bearer to come and see Omanhene about the agreement, Omanhene told the bearer t…</p></blockquote>

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