TEYE TAWIAH v. NANA AMA
June 22, 2023
DISTRICT COURT
GHANA
CORAM
- HIS WORSHIP STANLEY ADJEI ESQ
Areas of Law
- Contract Law
- Property and Real Estate Law
June 22, 2023
DISTRICT COURT
GHANA
CORAM
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JUDGMENT
Plaintiff herein sued the defendant herein for the following reliefs:
A. An order of the court to compel the Defendant to prepare the agreement paper for
which the plaintiff have paid his part to the Defendant.
B. An order of the court to compel the Defendant to accept and use the agreement
paper as the sole document that binds the Defendant and the plaintiff.
SUMMARY OF SUBJECT-MATTER OF CLAIM.
The summary of subject-matter accompanying the writ of summons has it that plaintiff is
a farmer at Buokrukruwa whiles the Defendant stays in Duayaw Nkwanta. Plaintiff states
further that in 2018 he had an agreement with the Defendant to work on the Defendant’s
6-acres of cocoa farmland.
Plaintiff continued further that in the year 2020, Defendant collected Ghc1,600.00 from to
make agreement papers (Abunu) but fail to do so. Plaintiff states further that he feels
deceived by the Defendant working on the land for 3years without any legal document
binding them, and that nobody owns life and that the absence of the plaintiff or Defendant
would bring issues hence his action for an order compelling the Defendant to prepare an
agreement to evidence their abunu agreement they entered into.
MODE OF TRIAL
The trial was by way of witness statement. The plaintiff filed one witness statement by
himself and the Defendant also filed one witness statement by herself.
EVIDENCE OF THE PLAINTIFF
Plaintiff’s evidence has it that in 2018, he intended cultivating cocoa on “Abunu basis” so
he was directed to the Defendant who was having six (6) acres of farmland and intended
to engage someone.
Further evidence of the plaintiff is that on 14th, December,2018, he contacted the Defendant,
her husband (Mr.Kermah joseph),Akwasi Apraga (friend of Mr.kermah joseph), and
Mr.Yaw Akwelie for the confirmation of the true owners and negotiation of the farmland
on abunu basis.Plaintiff continued in his witness statement that the Defendant’s husband
confirm that the farmland is six acres and share boundaries with river Achiamuasu, Mr.
Charles Gyamfi and river Nyamebekyere.
According to the evidence of the plaintiff, The Defendant told him that the farmland was
given to one Ahmed who paid Ghc1,600.00 as a fee and that because he (plaintiff) came
with Defendant’s friend she will still maintain the ghc1,600.00 to enable them prepare agreement papers and the Defendant’s husband added that he(plaintiff) can support
himself by cultivating crops like plantain, cassa
AI Generated Summary
His Worship Stanley Adjei Esq adjudicated a dispute between a Buokrukruwa farmer and a Duayaw Nkwanta resident arising from an abunu sharecropping arrangement over cocoa farmland. In 2018, the farmer agreed with the defendant to cultivate cocoa, and paid GHc1,600 toward preparing a formal agreement (payments in December 2018, July 2019, and the remainder upon demand). The defendant refused to execute the document, insisting the work be completed first, and contested the acreage as four acres. The court appointed Mumuni Haruna Yala of the Cocoa Health and Extension Division (CHED) of COCOBOD; Court Exhibit 1 confirmed the farm, recorded in COCOBOD Farmers Data, with the plaintiff’s area measuring 5.21 acres against 3.43 acres identified by the defendant. On the balance of probabilities, the court found a valid abunu agreement, no breach by the plaintiff, declared the defendant’s refusal unlawful, ordered immediate sharing of the 5.21-acre farm, and awarded GHc500 costs.