ANIAMOAH v. OTWIRAAH

JUDGMENT OF OF KORSAH C.J.

Korsah, C.J. delivered the judgment of the court. The parties in this case are adjoining farm owners. The defendant is the mother of one Yaw Mensah, deceased, with whom the plaintiff jointly cleared a forest land at a place commonly known as Daakwaye in Ashanti. After the forest land had been cleared and before cultivation, the plaintiff and the late Yaw Mensah by agreement, requested their mutual friend Kwame Akwaaboah to supervise the partition of the said area between them; this was accordingly done. According to the evidence of the said Kwame Akwaaboah the boundary fixed between them was as follows: "Commencing from the base line of the boundary is a streamlet, thence unto Wawapuo tree, thence unto Onyina tree, and thence unto ant hill and thence unto an Odum tree, thence unto Esa tree and thence unto an ant hill (esie) thence unto Wawapuo tree where it ended." There is evidence that after such demarcation as described, the plaintiff and the late Yaw Mensah began cultivation of their respective portions by growing cocoa and foodstuff crops. This continued for about fifteen years when Yaw Mensah died and the defendant, as successor of her late son's properties, became the owner of late Yaw Mensah's portion of the area.

The defendant was absent from the area for about seven years and on her return she complained to the Obaapayin, Abena Manu of Seidi, that the plaintiff had gone beyond the boundary between them and encroached on her portion of the land. After an abortive attempt by the Obaapayin to settle the dispute, the defendant again after the lapse of three years complained to Opayin Kwabena Tawia, Odikro of Seidi about the encroachment by the plaintiff whereupon the matter in dispute was arbitrated upon. According to the evidence of the plaintiff each of the parties subpoenaed and produced witnesses and the arbitration appointed six persons to view the land and ascertain the original boundary; on the showing of the plaintiff himself the matter ended as follows: "After the said inspection the viewers gave their respective report to the Odikro and after the arbitration had retired with consultation, they returned and adjudged in favour of the defendant (complainant) against me (respondent) Being aggrieved with this decision hence I resorted to this court".

It is in these circumstances that the plaintiff instituted this action before Atwima Mponua Local Court "C" in which he called upon the "defendant to show cause as to w