AWORO vs. BUOR [1962]DLSC1375

Date	1962-11-12
Suit No.
Citation No.	[1962]DLSC1375

WIREDU FOR THE PLAINTIFF-APPELLANT.

PEPRA FOR THE DEFENDANT-RESPONDENT.

[1962]DLSC1375
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													<main id="main" class="content" style="min-height: 60rem" ><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0">AWORO <o:p></o:p><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0">vs. <o:p></o:p><span style="font-size:12.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0">BUOR <o:p></o:p>[SUPREME COURT]<o:p></o:p>[1962] 2 GLR 128<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid black 1.5pt;
padding:31.0pt 31.0pt 1.0pt 31.0pt;mso-border-shadow:yes">

DATE:<span style="font-size:10.0pt;line-height:115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;
mso-fareast-font-family:&quot;Book Antiqua&quot;;mso-bidi-font-family:&quot;Book Antiqua&quot;;
color:#00B0F0"> 12TH NOVEMBER 1962.<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid black 1.5pt;
padding:0in 0in 0in 0in">

WIREDU
FOR THE PLAINTIFF-APPELLANT.<o:p></o:p>

PEPRA
FOR THE DEFENDANT-RESPONDENT.<o:p></o:p>

</div>CORAM: <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid black 1.5pt;
padding:0in 0in 0in 0in">

SARKODEE-ADOO, MILLS-ODOI AND
OLLENNU, JJ.S.C.<o:p></o:p>

</div><o:p>&nbsp;</o:p>JUDGMENT OF
MILLS-ODOI J.S.C.<o:p></o:p>This cause of action arose through the entry by the defendant’s
labourers upon the plaintiff’s cocoa farm situate at Abomenaso on Bechem stool
land, the weeding of the said farm and plucking 24 pods of cocoa therefrom. The
farm in dispute is a small area containing about 30 cocoa trees. To
substantiate his claim, the plaintiff and his witnesses gave evidence that the
land at Abomenaso was cultivated by the plaintiff 35 years prior to the date of
the writ and that the plaintiff had been in possession thereof ever since. About
20 days prior to the issue of his writ, the plaintiff went to the farm and
found that the defendant’s labourers had weeded the farm and had plucked 24
cocoa pods therefrom.<o:p></o:p><o:p>&nbsp;</o:p>The defendant in his evidence admitted that at the request of the
plaintiff, Kwasi Bio cultivated a farm at Bechem for the plaintiff 35 years
ago, which farm forms a boundary with the farm of his (defendant’s) uncle, whom
he has succeeded. He also admitted sending his labourers to the farm in
dispute.<o:p></o:p><o:p>&nbsp;</o:p>Upon the evidence the issue which the trial native court had to
determine was whether the defendant’s land covered the area where the cocoa
pods were plucked. After hearing evidence the trial native court inspected the
area in dispute and delivered judgment in favour of the plaintiff. The
defendant being aggrieved by the decision of the trial native court decided to
appeal against that decision to the Asantehene’s “A2” Court as Bechem at that
time was within the Ashanti Confederacy and the cocoa farm in dispute was
situate within the jurisdiction of the Confederacy; but the defendant’s appeal
was not filed within the statutory period of 30 days as required by section 25
(2) of Native Courts (Ashanti) Ordinance.1(1) His right of appeal would
therefore have been lost (see Nii Kpakpo Muffat v. Nii Tetteh Kpeshie II)2(2)
but for the provision of section 29 of the Native Courts (Ashanti) Ordinance,
which gave discretion to a court to which appeal lies to grant leave to appeal
out of time: this in effect amounts to special leave.<o:p></o:p><o:p>&nbsp;</o:p>Acting upon section 29 the defendant appealed to the Asantehene’s
“A2” Court which was vested with jurisdiction to hear appeals from any order or
decision of the trial native court and which appellate court dismissed the
defendant’s application for leave to appeal out of time on the 5th November,
1958. Although there is no provision in the Native Courts (Ashanti) Ordinance
giving a right of appeal from the refusal of a court to grant leave to appeal
out of time under section 29, the defendant applied to the Land Court, Sunyani,
and was granted leave to appeal from the said refusal.<o:p></o:p><o:p>&nbsp;</o:p>The order granting the defendant leave to appeal reads as follows:
“Motion for application for leave to appeal out of time granted. Remaining
condition to be fulfilled within fourteen days—Costs seven guineas to
respondent.” I am of the opinion, therefore, that the proceedings before the
Land Court, Sunyani, and the order of the learned judge granting the defendant
leave to appeal out of time are null and void as the said court had no jurisdiction
to entertain the application— see Asare Koranteng v. Opanin Kwame Ayim.3(3)<o:p></o:p><o:p>&nbsp;</o:p>Having obtained the void order for leave to appeal from the order
of the Asantehene’s “A2” Court (native appeal court) the defendant fulfilled
the condition and the Land Court purported to hear and allow the appeal and
granted leave to appeal on the 18th February, 1960. A fortiori, these appeal
proceedings and the order of the </main>