ADUBIA vs. BOANYO

JUDGMENT OF HAYFRON-BENJAMIN J. This appeal comes from the Tano Local Court, and it is against a decision of the magistrate sitting at Duayaw Nkwanta which he gave on 28 December 1965. He entered judgment for the plaintiff declaring him the owner of the land in dispute. The plaintiff claimed by his writ a declaration of title to all that piece and parcel of land situate, being and lying at a place known as Apatasu in front of the plaintiff’s cocoa farm, a portion of which has been cultivated by the defendant and which forms common boundaries with the defendant’s property and Yaw Mensah’s property. This farm is situate on Duayaw Nkwanta stool land. He also claimed damages for trespass, but none was awarded. The plaintiff, a student and a young man, customarily succeeded his uncle in 1956. His case is that as he was too young to manage the estate, his father was empowered by the family to manage the estate on his behalf. The estate consisted of a cocoa farm with a cottage, and ...