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LAMPTEY ALIAS NKPA V. FANYIE AND OTHERS

(1989) JELR 68078 (SC)

Supreme Court  •  16 May 1989  •  Ghana

Coram
SOWAH C.J.,ADADE JSC,FRANCOIS JSC,WUAKU J.S.C. ,OSEI-HWERE J.A.

Judgement

ADADE J.S.C.

(read the first judgment at the invitation of Sowah C.J.).

The defendant appellant is the owner of a large tract of forest land which he acquired by purchase from the Andow stool, in the Central Region. It seems that he is not the sole owner of the land. He lives on the land as a part-owner, and manages it for and on behalf of himself and a syndicate. He gives out portions of this land to tenants for farming on terms. The second plaintiff says that the “defendant has about 300 grantees.” The three plaintiffs in this case are some of his tenants. All three acknowledge the defendant as their landlord. Each has planted cocoa on the portion he took. They claim that they took their individual holdings from the defendant on abusa terms, i.e. that each was entitled to two-thirds share of the proceeds from his farm, the defendant taking the remaining one-third portion. The defendant, on the other hand says that the proceeds were to be divided equally between him and each tenant—t…

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