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JUDGMENT
The Plaintiff has taken legal action against the Defendant per the District court Rules ,2009
CI 59, Order 2 rule 3 (6), for the following reliefs :
1. Recovery of cash, the sum of four thousand, five hundred Ghana Cedis
(GH₵4,500.00) being the Plaintiff’s share of proceeds of cocoa beans the Defendant
took care of on behalf of the Plaintiff
2. Interest on the said amount of four thousand Five hundred Ghana Cedis
(GH₵4,500.00) from October, 2022 to the 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 the
Odikro (chief) of Dzamlomey. The Defendant is a farmer resident at Asato Dzamlomey.
Plaintiff says he is taking this action against the Defendant for and on behalf of Asato
Traditional stool. According to the Plaintiff, the stool has a farmland at Asato
Dzamlomey and had an agreement with the Defendant’s late father to cultivate the said
land with cocoa trees on ‘abunu’ tenancy agreement.
It was therefore agreed between the parties that at the end of each cocoa
planting/cropping season, the proceeds from the farm would be shared into two equal
parts and the Defendant’s father was to take one part and the Plaintiff would also take
one part. The Plaintiff continued that the father of the Defendant passed on, and the
custodians of the stool and the land called the Defendant to discuss the agreement
between them and the deceased.
He added that the Defendant accepted to continue with the maintenance and agreement
they had reached with his late father. But, he (defendant) has failed to pay the proceeds
for the 2020 -2021, 20-21 -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.
On the face of the records, the Defendant was not seen and served initially after about
three attempts.
The Plaintiff then filed an ex-parte motion with an accompanying affidavit praying the
court for an order for substituted service.
According to the Plaintiff, the defendant has been around, but became evasive when he
got wind of the fact that a legal action has been taken against him before the court.
The court granted the application of the Plaintiff and the order was drawn and served on
the Defendant. The matter was set down for hearing on the 29th day of March, 2023.
However, the defendant absented himself from the court.
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