BOACHIE AGYEMANG PREMPEH AND NANA AMA GYAMERA v. YAW BEKOE

JUDGMENT

On 24/03/2023, 1st plaintiff herein issued a writ of summons against the Defendant

seeking the following reliefs:

A. Plaintiff claim from the Defendant a recovery of cash sum of eight Thousand Ghana

cedis (Ghc 8,000.00)

The Court in the course of the matter on its own motion joined the 2nd Plaintiff to the suit

with her consent. The reasoning for this joinder was that 2nd plaintiff testified initially as

pw1 and at the end of the testimony, it appeared to the court that she might have a case

against the Defendant. She was very regular in court and her demeanor painted a picture

that she together with the 1st plaintiff were pursing the matter against the defendant. She was at all material times not party to the suit. Against this background, the court joined

her to the suit as 2

nd plaintiff with her consent.

BACKGROUND TO THE SUIT.

The background to the suit as captured in the summary of the subject-matter to the writ

of summons is that,1st plaintiff is a retired educationist and now a farmer whiles the

Defendant is plaintiff’s cousin with both of them residing in Yamfo.

Further facts are that the 2nd Plaintiff released a portion of her land to him and the

Defendant to cultivate, the 1st plaintiff to cultivate cocoa whiles the Defendant cultivate

plantain. The facts continued in the summary of subject-matter continued that,1st plaintiff

wanted to cultivate the cocoa but Defendant voluntarily accepted to plant the cocoa

seedlings for him. Plaintiff stated further that Newmont Ghana Gold Ltd subsequently

took over the land and for purposes of compensation all his seedlings on the land were

counted and the seedlings amounted to Ghc8,000.00 which the Defendant had claimed

same and refused to give the money to him.

ST Plaintiff continued his account of events that the landowner (2nd plaintiff) severally

advised the Defendant to pay 1st plaintiff his money but defendant willfully refused.

Plea

The Defendant pleaded not liable to the reliefs sought by the plaintiff setting up the

matter for trial.

ISSUES FOR DETERMINATION BY THE COURT.

1. The issue before the court is whether or not the plaintiff proved his case of recovery

of cash sum of Ghc8,000.00 against the Defendant.

2. Whether ,2nd proved any case against the Defendant.

STANDARD OF PROOF, BURDEN OF PROOF AND PERSUATION

A writ of summons as a form of civil litigation, the standard of proof is one on balance of

probabilities or preponderance of probabilities. Pre