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(1964) JELR 67863 (SC)

Supreme Court  •  29 Jun 1964  •  Ghana



APALOO J.S.C.: This is an appeal from the judgment of the High Court, Kumasi (Djabanor J.)1 delivered on 10 January 1962. That judgment reversed the decision of the Kumasi West Local Court which dismissed the claim of the plaintiff-appellant-respondent (hereinafter called the respondent) for a declaration of title to a cocoa farm said to be situate at a place called Pobriso on Manfo stool land.

The respondent’s case is far from complex and can be put simply. According to him, about fifteen or sixteen years before he issued the writ, the Manfo stool litigated with the Akwaboa stool on what was described as Manfo lands. The Manfo stool emerged victorious in that litigation. The respondent said that when that action was sub judice, he rendered assistance to the then occupant of the stool by name Boateng. When the action was determined in favour of the Manfo stool, he asked and was granted by the stool an area of forest land which he described as situated at Pobriso. He made a cocoa farm o…

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