CLEMENT AKWASI BOADI DWOMO v. NANA KYEAME KOFI DONKOR DWOMO

On the 14th of April, 2022, the Plaintiff filed a Writ of Summons against the Defendant for

the following reliefs:

(a) A declaration that an agreement entered between the Plaintiff and the Defendant on 14th

September, 2021 is binding the Defendant.

(b) An order of the court to compel the Defendant to abide by the said agreement.

(c) Cost.

Before proceeding with the Judgment, it is paramount to provide a summary of the

parties’ respective evidence. And I begin in the order with the Plaintiff’s first.

CASE OF THE PLAINTIFF

In his testimony, the Plaintiff stated that the Defendant is his landlord in a customary

tenancy agreement, popularly known as abunu; on a parcel of land situate and lying at

Dwomo. In the said agreement executed in January, 2014, the Plaintiff was to use eight

(8) years to cultivate cocoa and share the farm after the agreed period. To seal the deal,

the Plaintiff paid an amount of GHC2, 400.00 on demand by the Defendant.

A few months to the expiration of the eight years, the Defendant sent his son, one Yaw

Oppong and about ten others to the farm and demarcated a portion of it for the Defendant

to win sand.

Dissatisfied with Defendant’s the action, the Plaintiff in the company of one Opanin

Kwasi Owusu and some elders of the community; including the assemblywoman of

Dwomo Electoral Area approached the Defendant to find out if indeed he was the one

who sent people to demarcate the land for sand winning; which the Defendant admitted.

So the assemblywoman asked the parties to produce their respective copies of the

agreement to the transaction. The Defendant could not produce his copy claiming that he

had misplaced it. However, the Plaintiff in subsequent days, produced his copy from his

hometown Drobo.

At the following meeting when the Plaintiff's copy of the agreement was read and

explained it was realised the parties had agreed to share the cocoa farm at the end of the

eighth year, i.e. in January, 2022. However, the Defendant explained that he needed the

portion of the farm to win sand to realise money for his medical treatment. After a

prolonged argument, the Defendant then proposed that the Plaintiff should take all that

portion with mature cocoa trees; while the Defendant would take the portion he had

demarcated for sand winning. To that proposal, both parties agreed in the presence of

witnesses; and to further go to the Bechem District Court to execute a document to that

effect the following day.

Later