[1963]DLSC11114 • June 3, 1963 • Supreme Court •
FRIMPONG vs. POKU
The plaintiff claimed possession of a piece of forest land purchased from the Sankori stool, alleging the defendant trespassed. The defendant, originally a non-native, was permitted by the Sankori stool to farm a limited area but extended cultivation beyond the permitted land. Upon discovery, he was asked to pay £G300 (later reduced to £G200) to retain the land but failed to pay and was warned off. The land was then sold to the plaintiff. The defendant later became a naturalized subject of the Sankori stool and claimed possessory rights over the land. The local court favored the plaintiff, but the High Court reversed, holding the defendant's possessory rights as a subject invalidated the sale. The Supreme Court reviewed these findings.
read moreThis appeal by the plaintiff is from the judgment of Bruce-Lyle J. sitting in the High Court, Sunyani, on appeal from the Brong-Ahafo Local Court, Goaso. The plaintiff’s claim was for the possession of a piece of forest land which, he alleged, he purchased from the Sankori stool, and on which the defendant had trespassed. The defendant who is not a native of Sankori by birth went to live at Sankori some years ago, and was granted permission by the Sankori stool to farm on Sankori stool land. According to the evidence he was permitted to cultivate just enough land to be covered by two farming operations in two farming season (“do pen mmienu” as it is called in Twi). Some time later it was discovered that in addition to the cultivation made and covering two seasonal operations the defendant had extended his farming activities somewhat spasmodically over a wider area by planting cocoa and other crops which were dotted here and there over the wider area without any semblance of syste...