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FRANCIS AGBEDZIE V. NANA OPPONG BASAWUKU II

(2010) JELR 63743 (CA)

Court of Appeal  •  CIVIL APPEAL NO: H1/63/2009  •  4 Nov 2010  •  Ghana

Coram
ABBAN (MRS.) JA, (PRESIDING), KANYOKE JA, APALOO JA

Judgement

JUDGMENT

KANYOKE J. A.:

By this appeal, the plaintiff/appellant (hereinafter the appellant) questions the decision of the High Court, Sefwi Wiaso on the lone well known and often used general ground or reason that ‘The judgment is against the weight of evidence.”

Briefly the facts culminating in the instant appeal are that the appellant contends that somewhere in 1983 he approached the Chief of Debiso Nana Aforo Kwaw II for a piece/parcel of land for farming purposes. Nana Aforo Kwaw II led a delegation of some people to a place variously described as Kramokrom; Adiembra or Adabokrom and demarcated a portion of a virgin forest land for the appellant. The appellant in turn gave or offered to the chief and his elders twelve thousand old cedis (¢12,000.00) as a customary drink for the land. The appellant cultivated the land and planted Cocoa and oil plam. When the cocoa trees grew and matured into fruit yielding trees the appellant harvested the cocoa for two or three seasons without any hi…

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