GORDON TANNO KWACHIE vs. S. K. AMADZO AND AKUA BRONYA [2016]DLCA8498

Date	2016-02-10
Suit No.	SUIT NO: H2/10/2016
Citation No.	[2016]DLCA8498

ADJEI J.A. (PRESIDING)

SOWAH J.A.

MENSAH J.A.

CECIL ADASI FOR PLAINTIFF/APPELLANT

ISAAC MILLS FOR DEFENDANT/RESPONDENT

[2016]DLCA8498
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													<main id="main" class="content" style="min-height: 60rem" >GORDON TANNO KWACHIE<o:p></o:p>(PLAINTIFF/APPELLANT)<o:p></o:p>vs.<o:p></o:p>S. K. AMADZO AND AKUA BRONYA<o:p></o:p>(DEFENDANTS/RESPONDENTS)<o:p></o:p>[COURT OF APPEAL,
KOFORIDUA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

SUIT
NO: H2/10/2016&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;&nbsp;DATE: 10TH FEBRUARY, 2016<o:p></o:p>

</div>COUNSEL:<o:p></o:p>CECIL
ADASI FOR PLAINTIFF/APPELLANT<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

ISAAC
MILLS FOR DEFENDANT/RESPONDENT<o:p></o:p>

</div>CORAM:<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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ADJEI
J.A. (PRESIDING), SOWAH J.A., MENSAH J.A.<o:p></o:p>

</div><o:p>&nbsp;</o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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</div>SOWAH,&nbsp; J.A.<o:p></o:p>This
appeal is from the judgment of the Circuit Court Asamankese dated 19th
November 2014 by which the claims of the plaintiff were dismissed in its
entirety and costs awarded against the plaintiff.<o:p></o:p><o:p>&nbsp;</o:p>The
plaintiff/appellant who will hereafter be referred to simply as the plaintiff
sued the defendants/respondents (hereafter referred to as the defendants) for
the following reliefs: (See pages 8-10 of the Record)<o:p></o:p>1.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; The order of the court
compelling defendants to account for all proceeds from the past 4 years on
plaintiff's palm plantation.<o:p></o:p>2.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
Recovery
of possession of all that whole farmland with palm plantation situate lying and
being at Sukusu near Asamankese and bounded as follows: on one side by the
property of Samuel Kwakye, other side by the property of Okona and on the other
side by MAAME ABENA KORAMA and on other side by Adantam stream which was given
to 1st defendant to cultivate and account for the proceeds to be
shared between parties but for the past 4 years failed and is now accounting to
2nd defendant without any reasons.<o:p></o:p><o:p>&nbsp;</o:p>The case of the plaintiff was that the whole farmland in
dispute had been gifted to him in or around 1976 by his late mother. That he was
cultivating the farmland until he left Ghana in or around 1980 but from 1996
had been making remittances to his mother to care for the farm for him. The 1st
defendant had been employed as caretaker and was accounting to his mother until
sometime after her deathin 2009 when the 1st defendant diverted
accounts to the 2nd defendant who is unlawfully claiming possession
of the farm. <o:p></o:p><o:p>&nbsp;</o:p>The defendants filed separate defences. The 1st defendant
stated that his father Akorli was caretaker of the land for Opayin Nyantakyi
who was the original owner of the land. After their death he entered an Abunu
agreement with plaintiff's mother in 2007. She did not indicate that she had
gifted the land to her son. He used his own money to plant and care for the
palm plantation without any financial contribution from the plaintiff. He
renders accounts to the 2nd defendant as the lawful successor to plaintiff’s
mother because Kwaku Appiah who was the head of family had directed him to do
so.<o:p></o:p><o:p>&nbsp;</o:p><</main>