TOMFO vs. AWONA AND ANOTHER

JUDGMENT OF CHARLES CRABBE J. The plaintiff-respondent (hereinafter called the plaintiff), claimed from the defendants-appellants (hereinafter called the first and second defendants), jointly and severally the sum of twenty cedis being the value of 50 oil palm trees at 40 pesewas a tree. The first defendant was alleged to have felled those trees on the plaintiff’s land at Ankyiren. The second defendant was alleged to have authorised the first defendant to fell the same without the plaintiff’s knowledge and consent. By his statement of claim the plaintiff claimed that the land in dispute was the self-acquired property of one Papa Ohia, an ancestor of his. Various members of his family had succeeded to this land, the plaintiff being now the one in possession. When the land became vested in the plaintiff by his family he was in the Ankyiren area and he gave a portion of the land to his brother Nyame Aboa who farmed the land. When he, the plaintiff, returned to Ankyiren from Nzi...