Amankwaa Vrs Broni [2023] GHADC 137 (16 March 2023)

IN THE DISTRICT MAGISTRATE COURT HELD ON 16TH MARCH 2023 DUAYAW NKWANTA, AHAFO REGION – A.D. 2023 SUIT NO: A1/24/2022 CHARITY AMANKWAA V YAW BRONI FINAL JUDGMENT Plaintiff sued Defendant herein for the following reliefs: 1. General damages from the defendant for unlawful causing damage to the plaintiff cocoa farm by cutting about ½ an acre matured cocoa trees of the plaintiff 2. Perpetual injunction restraining the defendant and his agents, assigns, workmen, etc. from having anything doing with the plaintiff cocoa farm Brief Facts about the case The facts underpinning the matter are that Plaintiff is a retired educationist and the Defendant is a farmer. According the Plaintiff, Defendant has been causing damage to her cocoa farm at Bedome Kwanso in or around November 2021. Per the summary of subject-matter of claim, the Defendant cut bout ½ an acre of her cocoa trees which she reported the police and still pending at the police station, Duayaw Nkwanta. Plea The Defendant pleaded not liable to the reliefs sought by the Plaintiff 1 | P a g e The case of the Defendant The Defendant denied the claim of the Plaintiff and stated that the land was acquired by their late mother and as descendant of the late and as he and the Plaintiff are the only surviving children of their late mother, they have all cultivated portions of the land and only went pruned cocoa trees he has planted on the portion he has cultivated. MODE OF TRIAL The court did not order the parties to file pleadings. The mode of trial was by way of oral evidence. The Plaintiff testified himself and called no other witness. The Defendant also testified herself and called no other witness. STANDARD OF PROOF, BURDEN OF PROOF AND PERSUASION A writ of summon as a form of civil litigation, the standard of proof is one on balance of probabilities or preponderance of probabilities. The proof as prescribed in civil trials is provided in section 10, 11 and 12 of the Evidence Act, 1975 (NRCD 323). These sections on burden of proof, burden of persuasion and burden of producing evidence, provide thus: (1) For the purposes of this Act, the burden of persuasion means the obligation of a party to establish a requisite degree of belief concerning a fact in the mind of the tribunal of fact or the Court. (2) The burden of persuasion may require a party (a) to raise a reasonable doubt concerning the existence or non-existence of a fact, or 2 | P a g e (b) to establish the existence or non-existence of a fact by a preponderance of the probabilities or by proof beyond a reasonable doubt. 11 (1) For the purposes of this Act, the burden of producing evidence means the obligation of a party to introduce sufficient evidence to avoid a ruling on the issue against that party. 12 (1) Except as otherwise provided by law, the burden of persuasion requires proof by a preponderance of the probabilities. (2) “Preponderance of the probabilities” means that degree of certainty of belief in the mind of the tribunal of fact or the Court by which it is convinced that the existence of a fact is more probable than its non-existence. As was held by the Supreme Court per Adinyira, JSC in Ackah v Pergah Transport Ltd [2010] SCGLR 728 at p. 736: “It is a basic principle of the law on evidence that a party who bears the burden of proof is to produce the required evidence of the facts in issue that has the quality of credibility short of his claim may fail…” Evaluation of the evidence Plaintiff called her caretaker of her farm as a witness (PW1). PW1 could only testified on the boundaries Plaintiff showed her as the portion she has farmed. He was not part of the planting to conclusively state that it was the Plaintiff who planted the portion Plaintiff claimed Defendant razed down or the Defendant pruned as he puts it. The evidence of PW1 was far from enough to till the case in favour of the Plaintiff. What emerged at the trial was more of dispute over where the parties share boundaries on the lands the cultivate but that was not proven in the trial. 3 | P a g e Conclusion Conclusion and disposition The role of this court in this civil matter is to determine from the evidence which of the parties adduced credible and sufficient evidence to till in his favour the balance of probabilities on the issue. See Bisi v Tasin Asare [1987-88] 1 GLR 360. I wish to state that I was not persuaded by the evidence of the Plaintiff. Plaintiff action is hereby dismissed. Defendant is awarded cost of GH¢500.00. STANLEY ADJEI 16/03/2023 4 | P a g e