OBADZEN II V. ONANKA II

FRANCOIS J.A.

This dispute relates to the common boundary of two Teshie families. It is a contest essentially to determine the true boundary between the quarter lands of the Agbawe and Kle Musum families of Teshie.

The suit originated in the District Court, Accra, and was transferred to the High Court for trial under the provisions of the Courts Decree, 1966 (NLCD 84), para. 49 (2). The judge who commenced the trial could not continue and the suit had to be completed by another judge after the earlier proceedings had been adopted by consent. In the chequered course of the case it was inevitable that something would go wrong. It is not surprising, therefore, that the entire pleadings disappeared from the court docket. Unfortunately it was when the judge came to write his judgment that he discovered this loss. He put it this way:

“Apart from the record of events which took place in the district court and which was transmitted to this court under paragraph 49 (2) of the Courts Decree, 1966…