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PITIKO – KWAHU STOOL V. ABETIFI – KWAHU STOOL

(2017) JELR 68843 (SC)

Supreme Court  •  CIVIL APPEAL NO. J4/38/2011  •  29 Nov 2017  •  Ghana

Coram
YEBOAH JSC (PRESIDING), BAFFOE-BONNIE JSC, BENIN JSC, APPAU JSC, PWAMANG JSC

Judgement

PWAMANG, JSC:-

This appeal is against the judgment of the Stool Lands Boundaries Appeals Tribunal dated 16th June, 1993. In that judgment the Appeals Tribunal dismissed an appeal by Pitiko Stool, hereinafter referred to as the appellant, against the decision of the Stool Lands Boundaries Settlement Commissioner, to be called the Commissioner, dated 25th January, 1991 and varied the said decision by granting a larger land to the Abetifi Stool, which shall be referred to as the respondent. The disputed land lies roughly between the Obosom river which is along the boundary between the Ashanti and Eastern Regions of Ghana to the north, Dede river to the East and the Afram river to the west. At the enquiry the parties relied on traditional evidence and also testified on acts of possession within the disputed land in proof of their boundary claims. A surveyor was appointed by the trial Commissioner who prepared and tendered a plan on which he indicated the respective boundaries claimed by th…

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