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MAAKYE KORKOR AKUNSAH V. NAI ASHALLEY BOTCHWAY AND JEI RIVER FARM LIMITED

(2010) JELR 68508 (SC)

Supreme Court  •  CIVIL APPEAL NO. J4/22/2009  •  19 May 2010  •  Ghana

Coram
ATUGUBA JSC (PRESIDING), DATE-BAH (DR) JSC, YEBOAH JSC, BAFFOE-BONNIE JSC , ARYEETEY JSC

Judgement

JUDGEMENT

ARYEETEY, JSC:-

The plaintiff/appellant/appellant whom we shall refer to as the plaintiff in this appeal is the biological mother of the 1st defendant/respondent/respondent whom, together with the 2nd defendant/respondent/respondent, we shall refer to as defendants. This matter first went to court when the 1st defendant, as chief of Ofaadaa, sold a piece of Ofadaa stool land to the 2nd defendant for its farming enterprise, which was followed by a claim of ownership by the plaintiff. She based her claim of ownership of the 212 acres of stool land on a gift to her in 1947 by the reigning chief of Awutu Ofaadaa after which she performed the necessary rites of Akan custom in thanking the chief for the gift. By the year 2000 she, her children and tenant farmers had cultivated approximately 212 acres of the land by shifting cultivation as reflected in a site plan which she tendered in evidence. Even though by the year 2000 she had acquired a customary freehold interest in the land, …

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