ADAMS SAMUEL v. BRO. PANYIN

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