ADJOR KOMLA v. BANI KORSI

JUDGMENT

This is the judgement which originates from a writ of summons issued by the plaintiff

from the registry of this court according to Order 2 rule 3(6) of the District Court Rules,

2009, C.I 59 against the defendant for the following reliefs:

1. An order of the court for an immediate release of the plaintiff’s land receipt

covering four (4) acres of farmland and other relevant documents on the said land

which is located at Batayidu near Okanta and which was acquired by means of

purchase from one Agbesi Kofi through the defendant.

2. An order directed at the defendant to restrain him (defendant) from harassing the

plaintiff’s tenants, labourers and workmen who are working on the land.

3. Cost

SUMMARY OF SUBJECT MATTER OF CLAIM

The plaintiff is a farmer resident at Dayi Nkwanta whiles the defendant is a chainsaw

who resides in Kadjebi. Plaintiff says somewhere around 2003/2004, he purchased four

(4) acres of farmland at Batayidu near Okanta- Kadjebi from one Agbesi Kofi. But, because he was by then doing business in Togo, he made some payments towards the

purchase of the land through the defendant, and later paid the remaining balance to Mr.

Agbesi Kofi, the vendor/ landlord vendor to prepare and keep the land receipt with the

defendant for safe keeping on his behalf in view of a very cordial relationship between

the parties at that time. The plaintiff stated that he later returned to Kadjebi in the year

2011, and to his surprise, the defendant was cultivating this particular land. But, he

managed and took possession of the land from the defendant, who has since failed or

refused to hand over the land receipt and other relevant documents to the plaintiff. All

efforts made by the plaintiff to let the defendant release the land receipt/ documents to

the plaintiff. All efforts made by the plaintiff to let the defendant release the land receipt/

document to him (plaintiff) cannot succeed, hence this action to seek redress, per the

reliefs endorsed on the writ of summons.

The defendant filed a notice of counter claim against the plaintiff for the following reliefs:

a. Enforcement of an award published against the defendant at the Commission for

Human Rights and Administrative Justice (CHRAJ) office, Kadjebi, which award

was written as an undertaking by the plaintiff before the District Director of

CHRAJ and marked exhibit BKI at Kadjebi.

b. Recovery of an amount of five hundred and ninety Ghana Cedis (Gh₵590.00)

being cost