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JUDGMENT
CLAIM:
a) The plaintiff’s claim against the defendant is for Declaration of right of title and
recovery of possession to all that piece or parcel of land situate, lying and being at a place commonly known and called Boafo near Odjardeh and bounded on one side by the property of Mr. Otoo; one side by the property of the plaintiff herein and the other side by the Asamankese-Akroso motor road, and measuring one and half acres more or less which said land the defendant had unlawfully cultivated into a cocoa plantation without the prior knowledge and consent of the plaintiff contrary to law.
b) Perpetual injunction to restrain the defendant, his agents, unknown labourers
from further entering upon the said land
c) Orders as to costs.
SUMMARY OF PLAINTIFF’S EVIDENCE
It is the plaintiff’s case that the land part of which is in dispute was originally
acquired in its virgin state by their late father Joseph Anane Bimpong who also
gifted about three (3) acres to his wife and the mother of the plaintiff and plaintiff’s
attorney and siblings, who performed the customary “aseda” for the gift.
That his mother gave the said three (3) acres to one Kwasi Tawiah to cultivate coca
on abunu tenancy in the 1970’s but that cocoa has since withered, ending that abunu
tenancy agreement.
That their mother died in the early 1990’s and his elder brother Kwasi Birah was
appointed customary successor. That Kwasi Birah in 1993 gave out the three (3)
acres to the defendant to cultivate cocoa and oil palm on abunu tenancy, in 1993,
which he later did, and the cocoa was shared upon maturity. That the proceeds of the
oil palm were being shared between the defendant and Kwasi Birah until Kwasi
Birah’s death, after which he he was appointed customary successor.
That the defendant uprooted the palm trees and used the land to cultivate cocoa
without the knowledge and consent of the plaintiff, hence this suit, praying the Court
for the reliefs endorsed on the writ of summons.
That it is the land used by the defendant to cultivate the new cocoa after uprooting
the oil palm trees that is the subject of this dispute, which measures about 1½ acres.
The plaintiff did not call any witness, neither did he tender any judgment in evidence.
SUMMARY OF THE DEFENDANT’S CASE:
It is his case that in 1990, he was made an abunu tenant by one Kwasi Birah
(deceased) of the latter’s 7.8 acres cocoa farm. That he rendered accounts of the farm
to Kwasi Birah until 1997 when Kwasi Birah