The Plaintiff issued a writ of summons on 12th November, 2020 against the Defendant
seeking a declaration of title and recovery of possession of three cocoa farms being his
share each of the three pieces of land granted to the Defendant by Nana Kofi Oppong ,
the predecessor of the Plaintiff to cultivate same into cocoa farms on abunu tenancy basis
on the admitted farm lands granted to the chief of Sefwi Kwawkrom, marked farm B2, in
the Krokosue forest reserved on Boinzan stool lands by the forestry commission of Sefwi
Juaboso but have refused to share after completing the cultivation of the cocoa farms.
The Plaintiff is further seeking an order of the court to share the three cocoa farms with
the Defendant in accordance with the abunu tenancy basis.
One Dokyi Agyei Dickmond claiming to be the grantor of the Defendant applied to join
the suit as the Co-Defendant. However, he died before he could be joined to the suit.
Subsequently, the court joined his customary successor to the suit as the Co-Defendant.
Later, the 1st and 3rd Defendants settled the case out of court amicably with the Plaintiff
and the Plaintiff discontinued the case against them.
The 2nd Defendant whose name Kwame Ntaadu was amended to Yaw Ntaadu however,
claimed that the Co-Defendant was not his grantor and filed a counter claim on 24th
February, 2021 seeking for a declaration of title to cocoa farm at “Dededo” on Boinzan
stool land and pounded by the properties of Opanin Kwasi Sewu, Kwame Amankwah,
Kwasi Kyei, Kwame Fosu and Government Forest Reserved.
Since the 2nd Defendant stated that the Co-Defendant was not his grantor and the Plaintiff
had discontinued the case against the 1st and 3rd Defendants, the Co-
Defendant’s name was stuck out leaving the Plaintiff and 2nd Defendant as the only
parties. Accordingly, the 2nd Defendant became the Defendant in the case.
The case for the Plaintiff:
The Plaintiff said he was the current chief of Seffwi Kwawkrom and occupant of all stool
lands of Sefwi Kwawkrom including the land in dispute. That the lands on which the
disputed cocoa farms were located were granted to the Defendants by Nana Kofi
Oppong, his (Plaintiff’s) predecessor to cultivate same into cocoa farms on abunu tenancy
agreement sometime in 2006. The Plaintiff again said after the parties had agreed to the
abunu tenancy the Defendants paid the necessary stamping fee (Ntaasie) to seal the
agreement. That later, Nana Kofi Oppong was destooled and he (Pla
