[1960]DLHC61 • March 28, 1960 • High Court
ABOAGYE vs. OPOKU
The dispute concerned forest land adjoining a cocoa farm owned by the defendant and a farmstead purchased by the plaintiff. The defendant had long possessed his cocoa farm before the plaintiff acquired his farmstead. The plaintiff allegedly cultivated part of the forest land but did not plant anything to reduce it into possession.
read moreABOAGYE vs. OPOKU [HIGH COURT ACCRA] [1960] GLR 67 DATE: 28TH MARCH, 1960. COUNSEL: KWENIN FOR PLAINTIFF-APPELLANT. TWUM-BARIMA FOR DEFENDANT-RESPONDENT CORAM: OLLENNU, J. JUDGMENT OF OLLENNU J. (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 entitle...