AMUA-SEKYI J.S.C.
The plaintiff, Kobina Fanyie, and two others sued the defendant, Odartey Lamptey, also known as Ataa Nkpa, for a declaration that they are abusa tenants and for an order compelling the defendant to enter into a written agreement to that effect. There was no dispute that the land which the defendant gave out to the plaintiffs was forest land or that they expended their own energy and resources on it to reduce it to arable land and to plant cocoa thereon. If custom was to be observed, then the tenancy would be abusa; but it was the case for the defendant that the plaintiffs agreed to hold the land as abunu tenants. Okunor J. who tried the case in the High Court Cape Coast, was of the opinion that the burden of proof was on the plaintiffs and that they had failed to discharge it. He dismissed their action.
Two questions arise on this appeal. First, whether the burden of proof was on the plaintiffs or on the defendant; secondly, whether an agreement of the kind claimed by…