KWARTENG AND OTHERS v. AGYARKO AND OTHERS

This test case from the Circuit Court at Koforidua involves cocoa farms at Jadeso on Pankese stool land privately purchased by the plaintiffs in 1925. In 1954, the plaintiffs granted defendants parcels under exhibit A, an abusa tenancy with a four‑year moratorium, after which proceeds would be shared two‑thirds to landlords and one‑third to tenants; each defendant paid £G10. In 1962, the parties varied the arrangement to abunu (half shares) and extended the free period to six years. Plaintiffs demanded shares in 1958, 1960, and 1962; defendants refused, relying on the Rents (Stabilization) Acts and contesting yields. The court found the farms began yielding by 1958, rejected defendants’ statutory arguments because the land was privately purchased and not stool‑held vis‑à‑vis the parties, interpreted the moratorium from the date of grant, and held the agreements binding as varied. The court confirmed title, denied ejectment, ordered payment of half‑share proceeds totaling £G1,321, dismissed the counterclaim, and awarded costs, noting the statutory scheme’s repeal by N.L.C.D. 49.