CHIEF KWEKU V. OHENE

POLICY AND PRACTICE LAW REPORTS, 2PLR

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CHIEF KWEKU SERBEH

V.

OHENE KOBINA KARIKARI

JUDICIAL COMMITTEE OF THE PRIVY COUNCIL,

12TH DAY OF JUNE, 1939

PRIVY COUNCIL APPEAL NO. 41 OF 1938

2PLR/1939/7 (WACA)

OTHER CITATION(S)

2PLR/1939/7 (WACA)

(1939) P.C. 41/1938

(1939) V WACA P. 34

LEX (1939) – P.C. 41/1938

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BEFORE THEIR LORDSHIPS:

LORD THANKERTON

LORD ALNESS

LORD FAIRFIELD

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BETWEEN:

CHIEF KWEKU SERBEH – Appellant

AND

OHENE KOBINA KARIKARI – Respondent

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ORIGINATING COURT(S)

FROM THE WEST AFRICAN COURT OF APPEAL

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CASE SUMMARY

The appellant seeks to have the boundary determined as between his tribal lands and those of the respondent as regards the part of that boundary that is in dispute. The Chief Commissioner, by his judgment of the 27th November, 1936, determined the boundary to be a straight line between the points A and B, which are shown on plans B and D, a boundary for which there was evidence before him, as being the one agreed on at the time that the lands were given by the respondent’s predecessor to the appellant’s predecessor.

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DECISION(S) OF THE JUDICIAL COMMITTEE OF THE PRIVY COUNCIL

Held that: this is one of the clearest cases of the type which justifies their Lordships’ practice in not hearing arguments seeking to disturb concurrent judgments in the Court below on pure questions of fact.

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