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MIEH V. ASUBONTENG

(1963) JELR 81680 (SC)

Supreme Court  •  17 Jun 1963  •  Ghana

Coram
OLLENNU JSC, BLAY JSC AND AKUFO-ADDO JSC

Appearances
Owusu For the Plaintiff. Effah For the Defendant.

Judgement
<p style="text-align: justify;"><strong>AKUFO-ADDO J.S.C. </strong></p><p style="text-align: justify;">The appellant as the successor of her deceased brother Kwabena Afriyie brought an action in the Local Court of Offinso Kwabre by which she claimed a declaration of her ownership to a piece of farm land situate at Mantukwa in Offinso and described as to the boundaries thereof in her writ of summons, £G100 for damages for trespass and an injunction.</p><p style="text-align: justify;">The land in dispute is part of Offinso stool land and both the defendant and the plaintiff&#x27;s predecessor Kwabena Afriyie, as subjects of the Offinso stool, cultivated farms in the area named Mantukwa. According to the evidence some time in or about 1940 a dispute arose between Kwabena Afriyie and the defendant concerning the boundary between their respective cultivated areas. An action brought in the then Offinso Native Tribunal ended in Afriyie&#x27;s favour and as a result a boundary was demarcated between Kwabena Afriyie&#x27;s area and that of the defendant. A result of this boundary demarcating appears from the evidence to have b…</p>

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