AWOTWE vs. THE STATE

JUDGMENT OF MILLS-ODOI J.S.C. This cause of action arose through the entry by the defendant’s labourers upon the plaintiff’s cocoa farm situate at Abomenaso on Bechem stool land, the weeding of the said farm and plucking 24 pods of cocoa therefrom. The farm in dispute is a small area containing about 30 cocoa trees. To substantiate his claim, the plaintiff and his witnesses gave evidence that the land at Abomenaso was cultivated by the plaintiff 35 years prior to the date of the writ and that the plaintiff had been in possession thereof ever since. About 20 days prior to the issue of his writ, the plaintiff went to the farm and found that the defendant’s labourers had weeded the farm and had plucked 24 cocoa pods therefrom. The defendant in his evidence admitted that at the request of the plaintiff, Kwasi Bio cultivated a farm at Bechem for the plaintiff 35 years ago, which farm forms a boundary with the farm of his (defendant’s) uncle, whom he has succeeded. He also...