NEEBIR VRS ANTWI (C1/2/24) [2024] GHACC 73 (22 February 2024)
- Citation
- NEEBIR VRS ANTWI (C1/2/24) [2024] GHACC 73 (22 February 2024)
- Status
- Judgment
- Jurisdiction
- Ghana
- Court
- ghacc
- Decision
- 22 February 2024
- Posture
- Civil / Consent Judgment After ADR Settlement
- Language
- English
More details
- Court
- ghacc
- Decision
- 22 February 2024
- Posture
- Civil / Consent Judgment After ADR Settlement
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court adopted the parties' mediated settlement as the consent judgment, binding them to the agreed terms regarding cultivation, sharing of produce, and division of the plantation.
Court disposition
settled by consent judgment
Orders
- Kwasi Neebir to continue cultivating cocoa on the land for three years (2024-2026)
- After three years, plantation to be shared equally between parties
- Food crops to be shared one-third to Yaw Antwi, two-thirds to Kwasi Neebir during three years
- No other person to harvest food crops during the period except Kwasi Neebir
- Cocoa harvested to be divided one-third to Yaw Antwi, two-thirds to Kwasi Neebir during the period
- Kwasi Neebir responsible for maintenance of the cocoa farm during the three years
02
Material facts
Parties
Kwasi Neebir
Plaintiff/complainantYaw Antwi
Respondent/defendant03
Procedural history
Posture
Civil / Consent Judgment After ADR Settlement
04
Questions and positions
Legal issues
- 01
entitlement to use and share of cocoa farmland
- 02
division of farm produce and plantation after tenancy period
Party arguments
- Applicant
- Kwasi Neebir sought to continue cultivating cocoa on land given by Yaw Antwi and to clarify rights over produce and plantation division.
- Respondent
- Yaw Antwi agreed to terms regarding continued cultivation, division of plantation, and sharing of produce.
05
Court’s reasoning
Legal principles
- 01
court practice and ADR rules
Settlement agreements reached through court-connected ADR are binding and may be adopted as consent judgments.
06
Ratio, limits and disposition
Ratio decidendi
The court adopted the parties' mediated settlement as the consent judgment, binding them to the agreed terms regarding cultivation, sharing of produce, and division of the plantation.
Court disposition
settled by consent judgment
- Kwasi Neebir to continue cultivating cocoa on the land for three years (2024-2026)
- After three years, plantation to be shared equally between parties
- Food crops to be shared one-third to Yaw Antwi, two-thirds to Kwasi Neebir during three years
- No other person to harvest food crops during the period except Kwasi Neebir
- Cocoa harvested to be divided one-third to Yaw Antwi, two-thirds to Kwasi Neebir during the period
- Kwasi Neebir responsible for maintenance of the cocoa farm during the three years
Source and reliance status
ghacc · 22 February 2024
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
ghacc
Judgment· 22 February 2024
CORAM: HER HONOUR MRS ADWOA AKYAAMAA OFOSU, CIRCUIT COURT JUDGE SITTIING AT THE CIRCUIT COURT MPRAESO, EASTERN REGION ON THE 22ND OF FEBRUARY, 2024 C1/2/24
KWASI NEEBIR - PLAINTIFF/COMPLAINANT V 1. YAW ANTWI - RESPONDENT/DEFENDANT ……………………………………………………………………………………………………… ………………………. TIME: 12:00 pm
PLAINTIFF PRESENT
DEFENDANT PRESENT
BY COURT Parties were referred to ADR and the parties have been able to settle amicably. In the circumstance the terms of settlement as per the attached are hereby adopted as consent judgment. (SGD) Page 1 of 3 H/H ADWOA AKYAAMAA OFOSU (MRS)
CIRCUIT COURT JUDGE COURT CONNECTED ALTERNATIVE DISPUTE RESOLUTION (CCADR)
TERMS OF AGREEMENT Suit No.: C1/2/24 Court: Circuit, Mpraeso Title of Case: Kwasi Neebir Vrs. Yaw Antwi Date: 13 – 02 – 2024 After going through the mediation process, Kwasi Neebir and Yaw Antwi agreed to settle their issues as follows: 1. That Kwasi Neebir shall continue to cultivate cocoa on the land given to him by Yaw Antwi for three more years; 2024, 2025 to 31st December, 2026.
2. That after the three years period, the whole plantation shall be shared equally. One half to Yaw Antwi and the other half to Kwasi Neebir.
3. That during the three years, food crops like cocoyam, plantain, banana, shall be shared into three. One-third (1/3) to Yaw Antwi and two-thirds (2/3) to Kwasi Neebir.
4. That no other person shall harvest any food crop from the farm during the three year period besides Kwasi Neebir.
5. That cocoa harvested during the period stated above shall be divided into three (3); one-third to Yaw Antwi and two-thirds to Kwasi Neebir. Page 2 of 3 6. That maintenance of the whole cocoa farm during the three years shall be the responsibility of Kwasi Neebir. Declared at Mpraeso this 13th day of February, 2024. After the content had been read over and interpreted to him in Twi language by Nana Anom Boansi, when he seemed to understand same before making his mark hereto. (SGD) KWASI NEEBIR (SGD) YAW ANTWI (COMPLAINANT) (RESPONDENT) (SGD) NANA ANOM BOANSI (MEDIATOR) Page 3 of 3
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