ADWOA NYARKOWAH v. YAW OFOSU & 3ORS

HER WORSHIP Eunice A. Apaliwen (Magistrate) decided a land dispute over a parcel adjoining House No. AP30 at Apagya, Breman Asikuma. The plaintiff, acting for herself and her brother, asserted that their late father, retired policeman Kofi Donkor, personally acquired the land, built AP30, and gifted the house and adjoining land. The defendants—including the 4th defendant, Isaac Ofosu Marfo, successor to Kojo Kontoh, and the 2nd and 3rd defendant tenants—contended that the land was Abradze family property and that leases they held were valid. The court found the identity of the land undisputed and credited corroborative evidence showing AP30 and the adjoining land were personally acquired by Kofi Donkor. Although the attempted customary gift was incomplete for lack of accepted aseda, the court held that his children are entitled to take over his property, subject to rooms previously granted under church mediation and affirmed by CHRAJ. Defendants failed to prove family ownership and slept on their rights; leases were void, possession and injunction ordered, and costs awarded.