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CHIEF KWESI KUMA II OF ABINABINA v. CHIEF KOJO ENYIMADU OF NKASAWURA

JELR 83295 (WACA)

West Africa Court of Appeal  •   •  West Africa [For WACA cases]

Coram
HARRAGIN, C.J. (GOLD COAST), VERITY, C.J. (NIGERIA), LUCIE-SMITH, C.J. (SIERRA LEONE)

Judgement

 In this case the appellant asked for a declaration of title in respect of certain land.

It should by this time be more or less universally known that, in a claim of this sort, the burden of proof rests heavily on the claimant. The learned trial Judge found that the appellant had failed signally to prove his claim and we are m agreement with him m so finding.

Objection was taken by the appellant to the use by the learned Judge of a sketch plan taken from the Judgment Book of Griffith, C.J., in a Concession Case of 1902.

It appears to us that the learned Judge of the Land Court used this sketch for the purpose of seeing how far Griffith’s, C.J., Judgment could be read as relating to places shown on the surveyor’s plan in evidence before the Land Court. We can see no objection to his so using the sketch plan.

The appeal is dismissed with costs assessed at £32.

Appeal dismissed.

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