ABOAGYE vs. OPOKU

(His lordship referred to the facts, and continued.) The last paragraph of the trial court’s judgment contains findings of fact, as well as a statement of customary law. The findings of fact are:— (1) The land in dispute immediately adjoins a cocoa farm belonging to the defendant; (2) The plaintiff acquired by purchase a farmstead also adjoining the forest land in dispute; (3) The defendant was in possession of his cocoa farm long before the plaintiff acquired title to his farmstead; and (4) Even if the plaintiff did cultivate a portion of the alleged forest, there is no evidence that he planted anything in the area so as to reduce it into his possession. The statement of customary law is that a subject of a stool is entitled to cultivate forest or vacant stool land adjoining which he has already farmed, so as to reduce that forest or vacant area into an additional farm, provided that by so doing he does not interfere with a similar right which has accrued to another subjec...