NANA AMOAH NYARKO SUING FOR AND ON BEHALF OF ASATO TRADITIONAL STOOL v. GODSWAY ATSUTSE OF ASATO

JUDGMENT

This judgment stems from a writ of summons issued by the Plaintiff against the

Defendant under the District Court Rules, 2009, C I 59, Order 2 rule 3 (6)for the following

reliefs.

1. Recovery of cash, the sum of five thousand, three hundred Ghana Cedis

(GH₵5,300.00) being the Plaintiff’s share of proceeds of cocoa beans the defendant

has taken care of on behalf of the Plaintiff.

2. Interest on the said amount of five thousand three hundred Ghana Cedis

(₵5,300.00) from the month of October 2022 to date of final payment.

3. Cost.

SUMMARY OF SUBJECT MATTER OF CLAIM.

Plaintiff is a former District Chief Executive of the Kadjebi District Assembly and

Odikro (chief) of Dzamlomey.

The Defendant is a farmer resident at Asato Dzamlomey. Plaintiff says he has

taken the action against the defendant for and on behalf of Asato Traditional stool.

The Plaintiff continues that the stool of Asato has a farmland at Asato Dzamlomey

and had an agreement with the Defendant’s late father to cultivate the said land

on ‘abunu’ tenancy agreement. (ie.) planting cocoa trees and at the end of each

cocoa season after the maturity of the cocoa trees after five (5) years, the proceeds

would be shared into two equal parts and the Defendant’s father takes one part

whilst the Plaintiff also takes the other part. The Plaintiff states that the

Defendant’s father has passed on, and after his demise, the stool per the custodians

invited the defendant to discuss the agreement they had with the father and he

(defendant) accepted continuing with it but, he has failed to pay the proceeds for

2019 -2020, 2020 – 2021, 2021 - 2022 and 2022 – 2023 cocoa seasons despite

persistent demands from the Plaintiff. Wherefore the Plaintiff claims from the

Defendant per the endorsement on the writ of summons.

Gleaning from the face of the records, the defendant was initially not seen and

served. The Plaintiff filed a motion ex-parte with its accompanying affidavit

praying for an order of substituted service by the court. In his affidavit

accompanying the motion ex-parte, the Plaintiff stated that the defendant has been

within the Asato community but has been evasive. The Plaintiff moved the motion

on the 28th day of February, 2023. The court granted the application and made an

order for the defendant to be served by substituted service.

The order was subsequently drawn and served, and the matter was adjourned to

the 29th day of March, 2023 to create an opportunity