APPIAH vs. ADDAI

JUDGMENT OF KORSAH C.J. Korsah C.J. delivered the judgment of the court. In this case, the writ of summons reads: “The plaintiff claims (a) Judicial Relief:-Ownership of property (fallow land). Statement of Claim:— That I sued the defendant arbitrarily before Kumasi Bantamahene to show reasons why defendant has trespassed to my farmstead and has cleared portion of it for farming cultivation. The case was heard and the order was made for viewing of the farmstead. The Bantamahene did not take part in the viewing and deputed some of the arbitrators to go and view the area. There were inconsistency and irregularities during the viewing because the arbitrators (viewers) did not follow to my boundary I was going to point. They did not view this. The arbitrators only inspected the farmstead which the defendant had cleared while the cause of action was a boundary trespass. The arbitrators misconducted and misdirected themselves on palm trees in the area while the palm trees were not ...