EMMANUEL AWUVEY @ EFO v. JULIANA DEBRAH AND YAW FRIMPONG DEBRAH
April 12, 2023
DISTRICT COURT
GHANA
CORAM
- HIS WORSHIP BENJAMIN B. ATTABRA
Areas of Law
- Property and Real Estate Law
- Civil Procedure
April 12, 2023
DISTRICT COURT
GHANA
CORAM
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Plaintiff claim against the defendants jointly and severally is for the following reliefs;
A. GH₵15.000.00 general damages for breach of farm tenancy agreement for
harvesting crops from the farm he cultivated which is supposed to be shared on “Abusa” basis on the 12th June 2025 as agreed upon by the parties. The defendants have started harvesting the crops before the scheduled date without plaintiff’s knowledge and consent.
B. Perpetual injunction restraining the defendants, their agents, assigns, relatives,
privies, and anybody claiming through them from entering the said oil palm farm from date of judgment till 12th June 2025 for the farm to be shared as agreed upon.
Plaintiff contends he is a farmer and lives at Nkawkaw whiles the defendants are also farmers and live at Nwinso. That in the year 2009 he consulted Christian Goka of Nyafoman (now deceased) that he needs an uncultivated land to farm on to cultivate oil palm trees. On or about the April 2009 Christian Goka informed him he has gotten the land and so he should come for negotiation. The said Goka led him in the company of Emmanuel Kofi Aseidu to Madam Janet Akoto at Nwinso. Madam Janet Akoto told them
the farmland belongs to her uterine children who are in Accra. That the land is fallowing without any immediate benefit to them. Three days thereafter, plaintiff contends he received a word from the defendants mother that the children have agreed hence a meeting was scheduled that when they come for a funeral some few days’ time and so he goes to meet them. On the said date he went in the company of Emmanuel Kofi Aseidu. Upon meeting them, defendants stated they want to have a word with their uncle Nana Kwadwo Boafo Kesse and give him feedback. On June 2010, plaintiff asserts the defendants invited him for their final word on the land at their uncle’s place and he went there with Mr. Emmanuel Aseidu of New Abirem. Defendants agreed to release their farm land to him to cultivate with his own resources but collected a token of GH₵300.00 as stamping fee which he readily gave. And that he will have quiet enjoyment of his stay on the land for 15 years following which the farm will be shared in “Abusa” basis. After 25 years the defendant should vacate the land by removing the palm trees. Plaintiff contends the defendant started harvesting the palm fruits since February 2021 without his knowledge and consent hence the suit.
Defence of the 2nd defendant was that, “my name is Yaw Frimpong Debrah. I
AI Generated Summary
This Ghana District Court case involved a dispute over an oil palm farm tenancy between a Nkawkaw-based farmer and siblings from Nwinso who owned uncultivated land. Facilitated by their cousin, Nana Boafo Kesse, the parties met in 2010, confirmed boundaries, and the plaintiff planted palm seedlings after paying a GH300 stamping fee. The plaintiff asserted an Abusa tenancy with sharing after 15 years; the defendants claimed an Abunu tenancy with equal sharing after six years and alleged exclusive harvesting by the plaintiff. ADR efforts to divide the farm failed, and the matter proceeded to trial. Applying customary law, the court found that because the landowners provided no resources and the plaintiff used his own on uncultivated land, the arrangement was Abusa. The court criticized defendants’ five-year inaction and their failure to prove harvest quantities for proceeds-sharing from 2016. It entered judgment for immediate sharing on Abusa terms and awarded costs of GH1000 against the defendants.