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FIJAI STOOL V. EFFIA STOOL

(2002) JELR 68301 (SC)

Supreme Court  •  CIVIL APPEAL NO. 14/2001  •  3 Jul 2002  •  Ghana

Coram
MRS. J. BAMFORD-ADDO J.S.C. (PRESIDING),AMPIAH J.S.C,KPEGAH J.S.C,ADJABENG J.S.C,ADZOE J.S.C.

Judgement

BAMFORD-ADDO, J.S.C.

This is an appeal from the Judgment of the Stool Lands Boundaries Settlement Commission Appeal Tribunal delivered at Accra on the 21st day of May 1992. The said Judgment stemmed from an appeal from the decision of the Stool Lands Boundaries Settlement Commission (Coram E.T.C. Amorin) given on 5th February 1988. A boundary dispute between the Fijai stool and Effia Stool was referred to the Commissioner of the Stool Lands Boundary Settlement Commission for trial by Mr. Justice F.T.C. Amorin.

At the hearing both stools were ordered to file survey instructions in addition to the pleadings. Fijai stool complied but Effia stool failed to file its survey instructions and offered no explanation. Evidence was taken and concluded and the trial Commissioner gave judgment wherein he held that:

"the evidence led by Fijai stool is more convincing and acceptable..... I am more impressed by the evidence of Fijai stool and accept same."

The Commissioner then continued to demarcate th…

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