YAA DONKOR OF AWISA v. ABABIO OF YABRASO

The plaintiff herein brought this action against the defendant seeking the

following reliefs from the court;

a) A declaration of title to and recovery of possession of all that piece or parcel

of farmland lying, situate and being at a place commonly known and called

“ATWEREDE” near Nsawkaw on Nsawkaw stool lands and bounded by the

properties of J.W.K Ameyaw, Kosua Kupor, Baba and the late Kwesi

Nyamekye and Anthony Kwame Twumasi respectively.

b) General damages for trespass,

c) An order for perpetual trial injunction restraining the defendant, his agents,

assigns, privies, labourers, descendants and all those who claim through him

from entering the land.

Having considered the pleadings of the parties as filed, the following issues were

set down for trial;

1. Whether or not the disputed land was gifted to the plaintiff and her children;

2. Whether or not the land is the property of the plaintiff;

3. Whether or not the plaintiff has any title to the land;

4. Whether or not the defendant committed any trespass;

5. Whether or not the plaintiff is entitled to any damages;

6. Whether or not the plaintiff is entitled to a recovery of possession of the land

in dispute.

The evidence of the plaintiff herein in proof of her claims consisted her (plaintiff)

witness statement and the testimony of her (plaintiff) sole witness (PW1).

In her testimony the plaintiff told the court she is Yaa Donkor and that she lives

at Awisa and is a farmer. That she knows the defendant. Plaintiff said she knows

the disputed land which is situate and lying at “Atwerede” near Yabraso. That

her late husband gave the said land to her and her children. That the said late

husband then came to court with one Anane George to prepare an affidavit to

give the land to her (plaintiff) and her children.

Plaintiff said George Anane was her (plaintiff) witness whiles one Kwesi Asare

was witness for her (plaintiff) late husband. That her (plaintiff) husband died

four (4) years ago. Then after the death of her (plaintiff) husband the head of her

(plaintiff) late husband’s family called Mr. Anane George and told him to go and

give the land to her (plaintiff) and her children. That George Anane went to the

land and met the defendant herein on the land and he had cultivated cashew on

seven (7) acres of the land. That when they asked defendant, he said plaintiff’s

late husband sold the land to him (defendant).

Plaintiff said she (plaintiff) asked defendant to produce evide