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JUDGMENT
The Plaintiff is a farmer who resides at Twifo Kojokrom. According to him he acquired 4
poles of farm land from his land lord by name Kojo Kwatu to cultivate cocoa and share
the proceeds on Abunu tenancy basis. The Plaintiff and Defendant’s land share a common
boundary.
He averred that the land he farmed on is situated at Twifo Akweikrom and bounded by
the properties of the Defendant and one Kojo Kwatu who is his land lord. The Plaintiff
entered into an agricultural tenancy with his landlord since 2017 and the cocoa tress he
planted have started yielding fruits. He further avers that one day he engaged the service
of a laborer to weed the farm only to find out that the defendant had earlier gone to his
farm and cut down all the cocoa trees and re-cultivated new cocoa tress on the same land.
According to him his landlord questioned the Defendant as to why he went to cut down
his cocoa farm, he told him it was one of his brothers at Kumasi who gave him the land
and instructed him to cut down the trees and replant same. However, when Kojo Kwatu
called the said brother at Kumasi he denied knowledge of what had happened on the
land.
The Plaintiff witness by name Kwesi Baah also testified and stated that it was the
Defendant who cut down the cocoa trees and alleging that the land was given to him by
his mother Afua Tawiah to cut down Plaintiffs cocoa farm and replant new cocoa trees.
The witness of the Plaintiff by name Kojo Afful also testified and corroborated the
testimony of the Plaintiff and the other witness.
THE CASE OF THE DEFENDANT
It is the case of the Defendant that the disputed land was given to him by his mother in-
law and that he did not cut down cocoa trees on the Plaintiff’s land.
The Defendant is a farmer who lives at Twifo Agyankuma. He averred that in February
2021 his mother-in-law Madam Afua Tawiah granted 2 poles of land to him for
cultivation of cocoa to be shared on Abunu tenancy bases. He further averred that when
he was clearing the land, he discovered that some portions of the land which measures
¼ of a pole was covered with young cocoa tress that had been left in the bush
overshadowed by weeds. He decided not to clear the bush area and reserved that area
and concentrated on the portion where there was no cocoa tress. He then planted his food
stuffs and cocoa trees.
Mr. Kojo Kwatu who happens to be the landlord of the Plaintiff testified in support of the
Defendant. He admitted that he gave the disputed