[1962]DLSC1301 • June 25, 1962 • Supreme Court •
ABABIO vs. TUTU
The plaintiff-appellant and defendant-respondent were adjoining landowners disputing the true boundary line between their respective stool lands, specifically an area alleged to be Ahuren stool land. The dispute centered on which of two conflicting boundary lines, each claimed by the parties and shown on a plan prepared for trial, was the correct boundary established by customary arbitrators in 1901. The plaintiff claimed damages for trespass on the disputed land area.
read moreABABIO vs. TUTU [SUPREME COURT] [1962] 1 GLR 489 DATE: 25TH JUNE, 1962. COUNSEL: R.S. BLAY (WITH HIM N. Y. B. ADADE) FOR THE PLAINTIFF-APPELLANT. E. AKUFO-ADDO (WITH HIM PREMPEH), FOR THE DEFENDANT-RESPONDENT. CORAM: KORSAH, C.J., VAN LARE AND ADUMUA-BOSSMAN, JJ.S.C. JUDGMENT OF ADUMUA-BOSSMAN J.S.C. Adumua-Bossman, J.S.C. delivered the judgment of the court. This appeal is against a judgment dated the 20th January, 1961, of the High Court, Kumasi constituted by Apaloo, J., whereby he disallowed the plaintiff-appellant’s claim for damages for trespass in an area of land alleged to be Ahuren stool land, and gave judgment in favour of the defendant —respondent. The parties are adjoining landowners, and the action raised for determination, firstly, the issue as to which of two conflicting boundary lines shown by each of them respectively (as indicated in plan prepared for the trial of the action and marked exhibit A) and claimed to ...