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LAMPTEY ALIAS NKPA v. FANYIE AND OTHERS

1989

SUPREME COURT

GHANA

CORAM

  • SOWAH C.J.
  • ADADE
  • FRANCOIS
  • WUAKU JJ.S.C.
  • OSEI-HWERE J.A

Areas of Law

  • Property and Real Estate Law
  • Contract Law
  • Evidence Law
  • Civil Procedure

AI Generated Summary

Kwabena Fanyie, Kojo Mama, and Yaw Donkor, tenant cocoa farmers on forest land in Ghana’s Central Region, sued their landlord, Lamptey, to declare their tenancies abusa and to compel documentation reflecting abusa terms (two-thirds to tenants, one-third to landlord). Lamptey asserted the tenancies were abunu with equal sharing. The High Court dismissed the tenants’ claims; the Court of Appeal reversed. On further appeal, the Supreme Court, per Adade J.S.C., with Sowah C.J., Osei-Hwere J.A., and Wuaku J.S.C. concurring, allowed Lamptey’s appeal and restored the High Court’s judgment. The majority held the tenancy character was a factual issue; plaintiffs bore the burden of proving an abusa agreement, but evidence—including years of equal sharing—showed abunu. A purported abusa receipt lacked evidential value, and departures from custom are not per se unenforceable. François J.S.C. dissented, finding the plaintiffs’ evidence persuasive and criticizing the trial judge’s evaluation.

JUDGMENT