MANU v. AINOO AND ANOTHER

JUDGMENT OF FRANCOIS J.

The issue for determination in this appeal may be simply stated. It is whether an abunu or abusa tenant farmer can sue for accounts. The answer can equally readily be given, and it is in the affirmative. But since the circuit judge who heard the matter and the respondents herein take a different view of the law, it is necessary to examine the matter in a little more detail. But first, the facts. By his writ filed on 11 July 1972, the plaintiff-appellant (hereinafter referred to as the appellant) sought an:

"(1) Order for accounts of the proceeds of the cocoa and coconut collected from the farm of the late Winney by the defendant.

(2) Injunction restraining the defendant from interfering with the plaintiff's rights in respect of late Winney's farm. Alternatively the plaintiff claims damages for breach of contract of employment."

Giving the history of the case the appellant stated that he had entered the service of the late J. A. Winney, first as head labourer on Winney's farms and subsequently as an abunu tenant. In 1950, a document recording this contractual relationship had been executed by them setting out in some detail the terms of employment and the consideration for the same. This document was tendered as exhibit A. It was the appellant's case that Winney's successors had trammelled upon and abrogated his right under the agreement. He was therefore constrained to seek redress in the courts.

Though inelegantly couched, there is no difficulty in construing exhibit A as recording a customary tenancy agreement. But the importance it assumes in this requires that it be fully set out. It is as follows:

"An agreement made between James Amahia Winney of Sekondi known as farmer and Yaw Manu alias John do good of Gono-Kyibili [p.460] in Grunshie District now at Sekondi, known as principal labourer working under the said farmer in his farms on terms and conditions as follows:

(1) The farmer has agreed to allow the principal labourer to superintend the various farms and crops such as cocoa farms, banana, oranges, grape fruits, lime, coconuts, pepper, tomatoes, pineapples, plantain, fowls, etc.

(2) The principal labourer has agreed to undertake the said farms from time to time as long as he remains with the farmer on the coast.

(3) The farmer will employ labourers periodically to maintain the said farms under the said principal labourer who will superintend and direct the labourers what to do in the interest of both farmer and p