ABENA AFO (WIDOW TO THE LATE KOFI & ANOR VS KWASI BADU & ANOR

This is the Judgment of the Court on an appeal from the District Court, Sefwi Debiso.

The background to this Judgment is as follows: On 29th May 2018, the Plaintiff/Respondent (hereinafter referred to as “the Plaintiff”) caused to be issued a writ of summons against the Defendants/Appellants (hereinafter referred to as “the Defendants”) in the District Court, Sefwi Debiso claiming the following reliefs: -(a) Declaration to title, recovery of possession ownership of half (1/2) of all that piece or parcel of cocoa farm cultivated on abunu basis by the Plaintiff’s late husband being and situate at Yaw Owusukrom on Ntotroso stool land bounded by the properties of Op.

Yaw Adomako, Maame Fat, Willie, Kwasi Dagarti respectively.

b) An order of this Honourable Court to compel the Defendant to share and give half share of all that piece or parcel of cocoa farm being and situate at Amoayano on Sefwi Adjoafua stool land bounded by the properties of Madam Badu, Afua Bronya and Madam Yaa Ase which said cocoa farm was cultivated by the Plaintiff’s late husband to the Plaintiff herein.

c) An order or this Honourable Court to compel one Abena Badu a family member through Defendant to return one ecolag bag which was forcibly seized from the Plaintiff.

d) Any orders (sic) relief the Honourable Court may deem fit”. The suit was originally instituted by Plaintiff against the 1st Defendant.

The 2nd Defendant, upon application, was joined to the suit by the District Court as 2nd Defendant.

The suit went through full trial, and on 26th July, 2018, the trial Magistrate delivered judgment in favour of the Plaintiff on all reliefs sought by her in her writ of summons.

Being aggrieved by the said judgment, the Defendants have appealed against the said judgment to this Court.

The Case of Plaintiff It is the case of plaintiff that she married Kofi Gyama for 13 years and that the said Kofi Gyama died about five years ago as at the time she gave evidence on 21st June, 2018. By simple calculation therefore the late Kofi Gyama died in or about 2013. It is the case of plaintiff that during his lifetime, the late Kofi Gyama with her assistance cultivated a cocoa farm on a piece of land situate at a place commonly known as Amoayano. The said land according to plaintiff belonged to the late father of plaintiff called Kwaku Tawiah.

It is also the case of plaintiff that she and her late husband Kofi Gyama cultivated a piece of land situate at Ntrontroso into a cocoa farm on abunu tena