Prempeh Vrs Bekoe [2023] GHADC 136 (18 July 2023)

Prempeh Vrs Bekoe [2023] GHADC 136 (18 July 2023)

Supplying cocoa seedlings alone does not entitle the 1st plaintiff to compensation; actual cultivation and maintenance are required. Compensation for certain crops is due to the landowner, while compensation for other crops is to be shared equally between the landowner and the farmer.

Citation
[2023] GHADC 136
Parties
1st Plaintiff: Boachie Agyemang Prempeh; 2nd Plaintiff: Nana Ama Gyamera; Defendant: Yaw Bekoe
Court
District Court
Jurisdiction
Ghana
Judgment Date
18 July 2023
Procedural Posture
Civil / Judgment
Outcome
1st plaintiff's action dismissed; compensation for mango, cashew, pineapple, and palm trees awarded to 2nd plaintiff; compensation for cocoa, plantain, kookoase bayere, coconut, jetropha, and tobacco to be shared equally between 2nd plaintiff and defendant; costs awarded against 1st plaintiff.
Legal Topics
Compensation for Crops, Joinder of Parties, Burden of Proof
Source Language
English
Civil Procedure Land Law Compensation for Crops Joinder of Parties Burden of Proof

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Boachie Agyemang Prempeh

1st Plaintiff

Nana Ama Gyamera

2nd Plaintiff

Yaw Bekoe

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the 1st plaintiff proved his claim for recovery of GHC 8,000.00 against the defendant
  2. 2 Whether the 2nd plaintiff proved any case against the defendant

Ratio Decidendi

Supplying cocoa seedlings alone does not entitle the 1st plaintiff to compensation; actual cultivation and maintenance are required. Compensation for certain crops is due to the landowner, while compensation for other crops is to be shared equally between the landowner and the farmer.

Court Disposition

1st plaintiff's action dismissed; compensation for mango, cashew, pineapple, and palm trees awarded to 2nd plaintiff; compensation for cocoa, plantain, kookoase bayere, coconut, jetropha, and tobacco to be shared equally between 2nd plaintiff and defendant; costs awarded against 1st plaintiff.

Orders

  • Action of 1st plaintiff dismissed
  • Declaration that compensation for mango, cashew, pineapple, and palm trees is due to 2nd plaintiff