BADU vs. BI

JUDGMENT OF ADUMUA-BOSSMAN J.S.C. The action resulting in this appeal was commenced by the respondent before this court in the Ahafo/Ano Local Court “C” where by her writ of summons she claimed in effect £G50 damages for trespass to a cocoa farm situate at a place called Kwame-Kyemkrome on Afarihene’s stool land described as “having boundaries with the properties of Kwasi Manu, forest and a farmstead of Kwasi Manu.” The appellant before this court counterclaimed for (1) declaration of ownership, (2) £G50 damages for trespass and (3) injunction to restrain interference with his right and title in respect of the same farm. The parties will be referred to shortly as the plaintiff and defendant respectively. The trial court gave judgment for the defendant dismissing the plaintiff’s claim. On appeal by the plaintiff to the Asantehene’s “A2” Court, that court allowed the appeal and set aside the judgment of the trial court. The court did not, however, by wha...