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NKAEGUO V. KUNADU

(1974) JELR 63682 (HC)

High Court  •  2 Jul 1974  •  Ghana

Coram
EDWARD WIREDU J.

Judgement

EDWARD WIREDU J.: This is an appeal from the decision of the District Court Grade II, Dunkwa, dated 4 August 1972. That decision dismissed a trespass action by the plaintiff-appellant (hereafter referred to as the plaintiff) against the defendant-respondent (hereafter referred to as the defendant) and upheld a counterclaim by the defendant who was awarded ¢100 damages against the plaintiff.

A brief history of this case reveals that the parties to this suit are adjoining boundary owners. They both farm at a place called Nyamebekyere II on the Buabin stool land. The plaintiff acquired her portion of the land in her own right whilst the defendant has succeeded to her portion through her deceased mother. The evidence shows that both the plaintiff and the deceased mother of the defendant acquired their respective lands during the reign of Nana Bugyei an ex-Buabinhene. The controversy between them is about the exact location of their boundary line and even though the plaintiff’s claim is wor…

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