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DARFOUR JNR. V. BOATENG

(1976) JELR 69207 (CA)

Court of Appeal  •  29 Mar 1976  •  Ghana

Coram
AMISSAH J.A,ARCHER J.A,KINGSLEY-NYINAH J.A.

Appearances
AHENKORA FOR THE APPELLANT; OFOSU-ASANTE FOR THE RESPONDENT.

Judgement

KINGSLEY NYINAH J.A.

In about the month of October 1964, the respondent to this present appeal visited a farm which had customarily devolved upon him, following the deaths of his uncles Kwabena Sarkodee and Kwaku Tawiah. He found some labourers working in the farm. Upon inquiry, he learned that they were there at the express instance of the appellant herein. He requested the labourers to inform their master that both they, and he, had violated his ownership and possession of that farm by their unauthorised and, therefore, unlawful entry and presence thereon. When, after a second visit to that farm, he again met those labourers still on the farm, working, the present respondent sought out the appellant in Nkawkaw, and protested the violation. The appellant’s answer was that he was the rightful owner, by purchase, of that farm.

In the result, the present respondent (as the plaintiff) instituted proceedings against the appellant herein (as the defendant) to settle the issue of title in th…

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