[1973]DLCA405 • February 24, 1973 • Court of Appeal
MANU vs. AINOO AND ANOTHER
The appellant, Yaw Manu, initially employed as head labourer and subsequently as an abunu tenant under the late J. A. Winney, entered into a customary tenancy agreement in 1950 entitling him to half the proceeds of the farm after expenses. Following Winney's death in 1963, the appellant continued tenancy until 1966 when Winney's successor, J. K. Arthur, attempted to dispossess him. Litigation ensued over entitlement to farm proceeds and accounts, with disputes over the rightful ownership and management of the farm.
read moreJUDGMENT OF FRANCOIS J. The issue for determination in this appeal may be simply stated. It is whether an abunu or abusa tenant farmer can sue for accounts. The answer can equally readily be given, and it is in the affirmative. But since the circuit judge who heard the matter and the respondents herein take a different view of the law, it is necessary to examine the matter in a little more detail. But first, the facts. By his writ filed on 11 July 1972, the plaintiff-appellant (hereinafter referred to as the appellant) sought an: “(1) Order for accounts of the proceeds of the cocoa and coconut collected from the farm of the late Winney by the defendant. (2) Injunction restraining the defendant from interfering with the plaintiff’s rights in respect of late Winney’s farm. Alternatively the plaintiff claims damages for breach of contract of employment.” Giving the history of the case the appellant stated that he had entered the service of the late J. A. Winney, f...