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KANKAM V. BUACHI III

(1964) JELR 67858 (SC)

Supreme Court  •  29 Feb 1964  •  Ghana

Coram
ADUMUA-BOSSMAN JSC, OLLENNU JSC,BLAY J.S.C.

Judgement

ADUMUA-BOSSMAN J.S.C.: This appeal is against a judgment dated 13 April 1962 of the High Court, Kumasi, (Djabanor J.) by which, upon the plaintiff’s claim “for the court to cause the correct boundary between the plaintiff and the defendant to be fixed in terms of an executive decision dated 19 April 1909 whereby the boundary between the plaintiff and the defendant was fixed by Captain Armitage and approved by Sir Francis Fuller, then Chief Commissioner of Ashanti, on 13 May 1909,” the judge gave a particular interpretation to the said executive decision and proceeded to fix the boundary between the parties according to that interpretation. He expressly declared that he was acting under section 3 (3) of the Boundary, Land, Tribute, and Fishery Disputes (Executive Decisions Validation) Ordinance of Ashanti,1 which he set out as follows:

“If in any case relating to the boundary of any land any doubt or question shall arise as to the correct interpretation or application of any such execut…

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