ODIKRO KWESI DARFO v. LINGUIST KWABINA SOMUAH AND YAW NTIM

In this case the Plaintiff claims £100 damages from the Defendants for trespass by farming upon plaintiff's stool lands known as Kwankwasem land situate in the District of Akwaseho near the Ampebame road. The question in this case resolves itself into the question what are the boundaries between the lands of Adwamoa and the lands of Akwaseho?

The question as to what are the boundaries of these lands has been already dealt with on the 3rd December, 1907 in the Court of the Omanhene Akuamoa V, which for some reason has been treated in argument, as if it at most amounted to an agreement, although to me the Court appears to have been a perfectly

competent Court to decide the matter under the Native Jurisdiction Ordinance of 1883. In 1908Mr. Curling Commissioner re-opened the matter, his judgment deals solely with the Southern boundary of the Aduamoa lands where they adjoin the lands of Akwasiho. Mr. Curling's judgment finds that the parties were in agreement and that the boundary set out by him was the boundary as given by both parties, only that the boundaries had been wrongly cut at the Eastern end-at the other extremity he stops the boundary at the place where the Ampebame join the Prah River-a decision not in accordance with the evidence of either the plaintiff or Defendant as quoted in his judgment, it is argued that I am bound by this decision. In my opinion I am not, it in no way decides to whom the land to the North of the Prah, between where the Ampebame joins it and the Fremusu to Brewu road, belongs, which is the question I have to decide-as it is for farming on it that this action for trespass has been brought, being of this opinion I come back to the decision of the Omanhene in 1907-a decision with which I entirely concur-on the evidence before me I am quite satisfied that the Western boundary of the lands of Arduamoa is the road from where it cuts the Prah at Fremusu to Brewuit is also clear from the evidence of Kobina Adaakwa, who represents the plaintiff, that this was the boundary pointed out under the decision of the Omanhene in 1907-evidence p.p. 171 "I saw their footsteps in the stream 'up to the Fremusu road."

Judgment is therefore for the Defendant.

CRAMPTON SMYLY, Chief Justice.