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AKUA ANIMAH v. KWABENA BERKUI

1950

HIGH COURT

GHANA

CORAM

  • JACKSON, J

Areas of Law

  • Property and Real Estate Law
  • Alternative dispute resolution
  • Civil Procedure

AI Generated Summary

Jackson, J., hearing an appeal from the Asantehenes Court, reviewed a customary land dispute on stool land near Twumasen between a female appellant and the respondent. The Offinso Native Court had granted ejectment after sending Kojo Antwi and Kwabina Dwumoh to inspect, finding the respondent violated an accepted farming rule that no one farms directly in front of anothers known direction of cultivation. The Asantehenes Court set that judgment aside by treating three elders earlier comments as an arbitration award. Jackson, J. rejected this approach, citing the Native Courts (Ashanti) Ordinance, Sections 30 and 32, and personally inspected the land. He confirmed a footpath boundary and a prevalent northsouth pattern; the respondent had crossed the path, farming eastward and impeding the appellants southward extension. The court restored the Offinso judgment and awarded costs to the appellant.

JUDGMENT