HEADNOTES
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HELD
STATUTES
REFERRED TO IN JUDGMENT
CASES
REFERRED TO IN JUDGMENT
BOOKS
REFERRED TO IN JUDGMENT
DELIVERING
THE LEADING JUDGMENT
BY COURT
COUNSEL
MR. KWAKU
ASIRIFI ESQ. WITH HIM MISS AKUA
CATO AND KATE OSEI KUFFUOR FOR
THE DEFENDANT
/APPELLANT/APPELLANT .
MR. KWABENA
KONADU YIADOM ESQ. FOR THE
PLAINTIFF/RESPONDENT
/RESPONDENT.
BY COURT
We have read
the record of appeal and the
submissions made by counsel in
the matter herein and have come
to the view that having regard
to the 1927 decision entitled
Chief Kofi Tumtuo v Chief Kwame
Agyei determined on the 19-5-27
before the Native Tribunal of
the Kumasehene tendered in
evidence as Exhibit A at page
105 of the record of appeal,
which determined the boundary
between the parties herein as
indeed, the two lower courts
found in their respective
judgments, and in order to have
the said boundary effectively
settled for the purpose of
avoiding any future litigation
in respect of same, we hereby
proceed to set aside the
decision of the Court of Appeal
in the matter herein and in
place thereof remitting the
action herein to the High Court,
Kumasi, for a trial de novo and
in particular direct that an
order of survey be ordered in
respect of the disputed property
with the area previously
determined in the 1927 action
being superimposed on the said
plan for the purpose of
determining whether or not the
Defendants have actually
trespassed the boundaries
determined in the 1927 action.
The appeal
for the reasons above, is
allowed; we make no order as to
costs
(SGD) J. ANSAH
JUSTICE
OF THE SUPREME COURT
(SGD) J. V. M. DOTSE
JUSTICE
OF THE SUPREME COURT
(SGD) N. S. GBADEGBE
JUSTICE OF THE SUPREME COURT
(SGD)
A. A. BENIN
JUSTICE OF THE SUPREME
COURT
(SGD) J. B. AKAMBA
JUSTICE OF THE SUPREME COURT
COUNSEL
MR. KWAKU
ASIRIFI ESQ. WITH HIM MISS AKUA
CATO AND KATE OSEI KUFFUOR FOR
THE DEFENDANT
/APPELLANT/APPELLANT .
MR. KWABENA
KONADU YIADOM ESQ. FOR THE
PLAINTIFF/RESPONDENT
/RESPONDENT.
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