OMAMHENE KOBINA FOLI V. CHIEF OBENG AKESSE

POLICY AND PRACTICE LAW REPORTS, 2PLR

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OMANHENE KOBINA FOLI

V.

CHIEF OBENG AKESSE

JUDICIAL COMMITTEE OF THE PRIVY COUNCIL

26TH DAY OF FEBRUARY, 1934

PRIVY COUNCIL APPEAL No. 76 OF 1931

2PLR/1934/45 (P.C.)

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OTHER CITATION(S)

2PLR/1934/45 (P.C.)

(1934) II WACA PP. 46-51

LEX (1934) – II WACA 46-51

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BEFORE THEIR LORDSHIPS:

LORD THANKERTON

SIR LANCELOT SANDERSON

SIR SIDNEY ROWLATT

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BETWEEN:

OMANHENE KOBINA FOLI – Appellant

AND

CHIEF OBENG AKESSE – Respondent

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ORIGINATING COURT(S)

FROM THE WEST AFRICAN COURT OF APPEAL

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ISSUE(S) FROM THE CAUSE(S) OF ACTION

ALTERNATIVE DISPUTE RESOLUTION – ARBITRATION:- Arbitration with terms of reference – Determination of existing boundary over land – Duty of Arbitrator thereto – When would be deemed to have misconceived terms of reference – Proper order for court to make

REAL ESTATE AND PROPERTY LAW:- Dispute over existing land boundary – Reference to arbitration with terms of reference – Duty of Arbitrator thereto – Where Arbitrator lays down a new boundary line, based on consideration of what would be a fair division of the Lord disputed area between the parties – Propriety of – Legal effect on award arising therefrom

REAL ESTATE AND PROPERTY LAW:- In questions of disputed ownership of land – Occupation and possession of portions of the disputed area – Relevance of in proving title to the whole area – What the court considers  

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