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JUDGMENT
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;
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Whether or not the disputed land was gifted to the plaintiff and her children;
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Whether or not the land is the property of the plaintiff;
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Whether or not the plaintiff has any title to the land;
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Whether or not the defendant committed any trespass;
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Whether or not the plaintiff is entitled to any damages;
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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