AWISI vs. NYARKO

JUDGMENT OF HAYFRON-BENJAMIN J. This is an appeal from the decision of the Tano Local Court held at Yamfo on 2 March 1965. The plaintiff was by that decision declared the owner of the cocoa farm, the subject-matter in dispute, which is at a place commonly known and called “AHYIAYEM” on Yamfo stool land and bounded by the cocoa farms of Akosua Kraa, Amma Nsuapem, Adwoa Ayisi the defendant and Kofi Darko. The plaintiff’s case in the trial court was that the farm in dispute is one of two farms given to her by her late husband one Kwame Nyina as a gift. This gift was in the presence of witnesses and she accepted the gift, and gave her husband some drink and some money by way of aseda. She entered into possession by placing a caretaker, one Gruma, in charge of the farm, who harvested the crops twice for the plaintiff. The defendant claiming to have been given this same farm as a gift by the same man collected the third crop which had been harvested by the caretaker, and this was t...