AKOSUA BEDAABUO v. YAA HIMA

Jackson, J addressed an appeal arising from a farming‑land dispute originating in the Ahafo Native Court. The plaintiff alleged that the defendant encroached by farming directly in front of previously cultivated land, invoking a custom that the land immediately ahead is reserved for a farm’s future extension. The Ahafo Native Court heard evidence, viewed the locus, and found no trespass, concluding the plaintiff had encroached upon the defendant’s rights. On appeal, the Asantehene’s Court, composed of Nana Agyei Twum II, Yaw Dabanka, and Kwasi Brentuo IV, heard submissions and decided to view the land, but only two members attended, an irregularity held to be of no effect. A new ground revealed that, after the Ahafo Native Court’s decision, its president, Kwadwo Aworo, married the defendant; the defendant admitted she met him during the hearing and that approaches occurred after judgment. Emphasizing that justice must be seen to be done and that appellate courts should be slow to overturn trial findings, Jackson, J allowed the appeal, set aside the Ahafo Native Court’s judgment, ordered rehearing by different members, awarded the plaintiff‑respondent costs at first instance, and made no order regarding the appellant’s Asantehene’s appeal costs.