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KWAO ALIAS MENI V. AWURAA ALIAS FATI

(1988) JELR 68082 (SC)

Supreme Court  •  24 Apr 1988  •  Ghana

Coram
FRANCOIS J.S.C,LAMPTEY JA,ESSIEM J.A.

Appearances
A. B. SAM FOR THE APPLICANT-APPELLANT; P. K. E. DONKOR FOR THE RESPONDENT

Judgement

ESSIEM J.A.: Essiem J.A. delivered the first judgment at the invitation of Francois J.S.C. The plaintiff is a farmer who rears cattle at a place called Bundasewayo. Some time ago, the evidence does not say when, a friend of his, one Addotey Tei, who also rears cattle at Dahwenya sought his permission to bring his (Addotey Tei’s) cattle to the plaintiff’s kraal because there was scarcity of both water and grass at Dahwenya. As a result of this agreement Addotey Tei took to the plaintiff a number of his cattle. A cowboy, Sidi Fulani, was left with the plaintiff to assist the plaintiff especially to take the cattle to graze.

There is disagreement between the parties as to the number of cattle sent to the plaintiff. He says the number was 80 but the defendant says the number was 470. For the issues which fall for determination in this appeal I think the disagreement over the number of cattle sent is not very crucial.

The plaintiff says that Addotey Tei and his cowboy some time later sold se…

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