TAWIAH v. ATTAFA

JUDGMENT OF KORANTENG-ADDOW J.

The plaintiff in this case brought an action against the defendant in the District Magistrate Court Grade II at Dompim, claiming as follows:

"Plaintiff claims from the defendant the sum of ¢174.63 to wit:

(a) ¢120.00 being damages for establishing unlawful claim to a land known and called 'Abatafuo' and deprived the plaintiff from farming for livelihood of himself and family; and

(b) Defendant to refund the amount of expenses of ¢54.63 incurred by plaintiff through his (defendant's) unlawful action."

He elaborated on this in his evidence in court in the following terms:

". . . The defendant . . . took action against me in an arbitration at Dompim No. 1. When the matter was decided at the arbitration the arbitrators gave judgment against me . . .

Defendant has since then about three (3) years ago failed to give me notice to quit from the land and as such I find defendant is not the owner of the land but only threatened and took [p.123] this action against me and put me into debt. I therefore took this action against the defendant to claim all my expenses made or paid to him amounting to ¢54.63 and for ¢120.00 damages for establishing unlawful claim against me."

The trial magistrate upheld the contentions of the plaintiff and gave judgment for him. It is from that judgment that this appeal was made.

The fundamental facts in this matter which are not disputed are that the defendant-appellant (herein to be referred to as the defendant) lodged a complaint against the plaintiff-respondent (herein to be referred to as the plaintiff) with the divisional chief of Dompim No. 1 in respect of a piece of fallow land situate in the Dompim area known and called "Abatafuo." On being summoned by the divisional chief the plaintiff gave his consent to the matter being gone into by the chief with some of his elders. After hearing the evidence in the matter the panel inspected the land and made a finding in favour of the defendant.

The plaintiff expressed his dissatisfaction with the decision and refused to pay the expenses of the defendant which he was adjudged liable to pay. The defendant subsequently brought an action against the plaintiff in the local court for the said expenses. He succeeded and the plaintiff paid up.

The plaintiff is a stranger in the Dompim area and his case at the arbitration was that the parcel of land in dispute formed part of a larger area granted to him by the relatives of his wife whom he describes as hi