Awuvey Vrs Debrah and Another [2023] GHADC 231 (12 April 2023)
The court found on a balance of probabilities that the agreement was an Abusa tenancy, not Abunu, as the plaintiff used his own resources to cultivate the land, and the defendants failed to take timely steps to enforce their alleged rights. Judgment was entered for the plaintiff for sharing the farm on Abusa basis.
- Citation
- [2023] GHADC 231
- Parties
- Plaintiff: Emmanuel Awuvey; First Defendant: Juliana Debrah; Second Defendant: Yaw Frimpong Debrah
- Court
- District Court
- Jurisdiction
- Ghana
- Judgment Date
- 12 April 2023
- Procedural Posture
- Civil / Judgment
- Outcome
- Judgment for the plaintiff
- Legal Topics
- Customary Tenancy, Abusa and Abunu Tenancy, Breach of Tenancy Agreement, Damages, Injunction
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Emmanuel Awuvey
Plaintiff
Juliana Debrah
First Defendant
Yaw Frimpong Debrah
Second Defendant
Procedural Posture
Civil / Judgment
Legal Issues
- 1 What tenancy agreement did the parties enter into?
- 2 Whether the court should compel the plaintiff to share proceeds from the farm from 2016 to date?
Ratio Decidendi
The court found on a balance of probabilities that the agreement was an Abusa tenancy, not Abunu, as the plaintiff used his own resources to cultivate the land, and the defendants failed to take timely steps to enforce their alleged rights. Judgment was entered for the plaintiff for sharing the farm on Abusa basis.
Court Disposition
Judgment for the plaintiff
Orders
- The farm to be shared on Abusa basis forthwith
- Costs of GH₵1000.00 awarded against the defendants
Full Case Text
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