[1971]DLCA2071 • April 5, 1971 • Court of Appeal
AHIABLE ALIAS VIVOR AND OTHERS vs. DOSU AND OTHERS
The plaintiffs (respondents) claimed ownership of cassava crops planted on a farm at Avetorforkli, alleging the defendants (appellants) trespassed, uprooted, and sold the cassava. The land had been subject to prior litigation. The defendants claimed the cassava and land as their own, tracing ownership through family succession and prior judgments. The local court magistrate found conflicting evidence and was unable to determine ownership of the crops, ultimately giving benefit of doubt to defendants. Sowah J. reversed this decision, holding that the landowner is presumed owner of the crops unless proven otherwise.
read moreThis is an appeal from the judgment of Sowah J. (as he then was) whereby he reversed the decision of the magistrate sitting in the Dzodze Local Court, and entered judgment, together with costs, for the respondents. The respondents (hereinafter referred to as the plaintiffs) instituted an action in the Dzodze Local Court against the appellants (hereinafter referred to as the defendants) claiming from the defendants jointly and severally the sum of £G82 10s. Od. (N¢165), being the value of cassava which the plaintiffs had planted in their farm at Avetorforkli. The plaintiffs’ case was that the defendants unlawfully trespassed upon the said farm and uprooted the cassava, which they carried away and sold for their benefit. The plaintiffs contended that the land, on which the farm in dispute is situated, had been the subject-matter of a series of previous litigation, and in support of their claim they tendered in evidence five judgments given in respect of the land. They further call...