FRIMPONG vs. POKU [1963]DLSC11040

Date	1963-06-03
Suit No.	[1963] 2 GLR 1
Citation No.	[1963]DLSC11040

OLLENNU JSC

BLAY JSC

AKUFO-ADDO JSC.

G. KORANTENG-ADDOW FOR THE PLAINTIFF. BUACHI FOR THE DEFENDANT.

[1963]DLSC11040
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													<main id="main" class="content" style="min-height: 60rem" >FRIMPONG<o:p></o:p>vs.<o:p></o:p>POKU<o:p></o:p>[SUPREME COURT, ACCRA]<o:p></o:p><div style="border-top: none; border-right: none; border-left: none; border-image: initial; border-bottom-width: 1.5pt; border-bottom-color: windowtext; padding: 0cm 0cm 1pt;">

[1963] 2 GLR 1&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
&nbsp;DATE:3RD JUNE, 1963<o:p></o:p>

</div><h1 style="margin-left:0cm">COUNSEL<o:p></o:p></h1><div style="border-top: none; border-right: none; border-left: none; border-image: initial; border-bottom-width: 1.5pt; border-bottom-color: windowtext; padding: 0cm 0cm 1pt;">

G. KORANTENG-ADDOW FOR THE
PLAINTIFF. BUACHI FOR THE DEFENDANT.<o:p></o:p>

</div>CORAM:<o:p></o:p><div style="border-top: none; border-right: none; border-left: none; border-image: initial; border-bottom-width: 1.5pt; border-bottom-color: windowtext; padding: 0cm 0cm 1pt;">

OLLENNU JSC,
BLAY JSC, AKUFO-ADDO JSC.<o:p></o:p>

</div><h1 style="margin-left:0cm">JUDGMENT OF AKUFO-ADDO J.S.C.<o:p></o:p></h1>This
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 systematic cultivation, no doubt, with the object of claiming possessory rights over that area.
When this state of affairs was discovered by the Odikro of Sankori, the defendant was immediately
made aware of his wrongful activities and, upon apologising for his misdeeds, he was requested by the
elders of the stool to pay the sum of £G300 as a consideration for his retaining
the area over which he had offended if
he desired to retain it. This sum was at the request of the defendant reduced
to £G200 but the defendant expressed his inability
to pay and was therefore warned off the area of land concerned. Subsequently
the stool of Sankori sold the said area of land to the plaintiff, but before then the defendant
had become by naturalisation
according to customary law a “citizen” of Sankori. The plaintiff entered upon
the land upon the completion
of the purchase and a few weeks later he saw the defendant working on the land, hence
this action.<o:p></o:p>The
plaintiff’s allegation of the purchase from the Sankori stool was confirmed by
the Odikro of Sankori who gave an
account of the incidents which culminated in the offer made by the elders of
Sankori to the defendant to pay £G300 and retain the area over which he had unlawfully spread his farming operations as already described. The Odikro stated
in his evidence that as the defendant could not, or would not, pay the sum required the defendant, in the
recorded words of the Odikro, “waived his interest in the area in dispute.” The Odikro then said that the
land was subsequently sold to the plaintiff, and that some time after the sale to the plaintiff the
defendant turned up to say that he was now prepared to pay the sum required
in order to keep the land. He was told
it was too late as the land had been sold.<o:p></o:p>&nbsp;The defendant did not either by
cross-examination or in his evidence dispute the account given by the Odikro of the incidents that led to the
sale of the land to the plaintiff. His case was that the land in dispute was part of the land which was originally
granted him by the Sankori stool, and this claim was denied by the Odikro.<o:p></o:p>The
l</main>