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NTSIN VII AND ANOTHER V. DOUGAN AND ANOTHER

(1960) JELR 63642 (HC)

High Court  •  26 Feb 1960  •  Ghana

Coram
ADUMUA-BOSSMAN J.

Judgement

JUDGMENT

ADUMUA-BOSSMAN J.

(His lordship referred to the facts and continued): The trial court, faced with the task of resolving the issue of ownership on the conflicting traditional stories and on the other evidence of the exercise of rights of ownership in respect of the disputed area as well as adjoining parcels, decided to determine the disputed issue of ownership on the evidence other than the traditional stories. In deciding on that course of action they followed a course often adopted by some of our distinguished judges of the past, notably Sir Brandford Griffith, C.J., who in Kwaku v. Brown (Digest, p. 106) said as follows:-

“where there is so much uncertainty and so much indefiniteness, and where land has until recently been practically of no value, all that the Courts can do and what they ought to do, is to accept accomplished facts, whatever may have been the state of things 200 years ago,”

So to Hall, J., who in Re Asamangkese Arbitration (Div. Ct. 1926-29 p. 234) adopted the …

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