DAVID ADJEI KODIE v. KWAME ASIEDU

On the 4th of September, 2022 Plaintiff commenced this action against Defendant seeking the following reliefs:

1. An order of the Court for Defendant to account for 5-acres palm plantation harvested from Plaintiff’s farm without the consent of Plaintiff from June to August, 2022 or in lieu Plaintiff claims the sun of GHc4,050.

2. GHc410 being incidental expenses incurred by Plaintiff at the chief’s palace.

3. Costs

Defendant pleaded not liable to all the claims of Plaintiff.

The summary of the subject matter of claim are that:

1. Plaintiff is a farmer resident at Akim Brenase whilst Defendant is a farmer/Landlord and also resident at Akim Brenase.

2. Plaintiff says that about seventeen (17) years ago he entered into an agreement with Defendants family members for the cultivation of palm plantation on abunu basis and when the palm trees started fruiting, they all passed on, so the principal member of the family appointed Defendant to take control of their half share since the farm had been divided into two equal portions.

3. Plaintiff says that about three months ago, one Kwaku Peter visited the said farm and saw Defendant harvesting palm fruits without the consent of Plaintiff.

4. Plaintiff says he reported the matter to the Brenase chief and when it was heard, Defendant was found liable, but incurred GHc410 as summons fee.

5. Plaintiff says Defendant had refused to stop harvesting upon several warmings.

6. Wherefore claims as per the endorsed writ of summons.

The evidence-in-chief of Plaintiff, David Adjei Kodie a farmer resident at Akim Brenase had it that he knows Defendant at Brenase as a member of Asona clan. According to Plaintiff, in 2005 he took a land from Kofi Osei alias Kofi Gare, Kwabena Anane and Esi Ahenkorah at Beposo on Akim Brenase stool lands of size 10.5-acres. The boundary owners are one Baiden, Kofi Sah, Fuseini, Asantewaa, Yaw Agyapong and Yaw Nyarko to cultivate palm plantation on abunu terms and that at the end of the useful life, the palm trees would be shared equally. Plaintiff claimed that he started harvesting the palm fruits in 2010, but by then Kofi Osei alias Kofi Gare and Kwabena Anane had passed on in 2008 and 2007 respectively. Plaintiff averred that he was harvesting same until after six (6) years that Esi Ahenkorah asked him to account for the proceeds even though he told her when the fruits were ready. Now Kwame Asiedu, Kofi Mmabre and Kofi Obeng came to him with Esi Ahenkorah where he accounted for