Abena Atwumaa v Abusuapanin Kwabena Nyamekye and Another (CR/DS/DC/A1/02/2025) [2025] GHADC 80 (23 January 2025)

IN THE DISTRICT COURT OF GHANA HELD AT DIASO, CENTRAL REGION ON THE 4TH DAY OF MARCH, 2025 BEFORE HER WORSHIP MELISSA SELORM DADSON, (ESQ) DISTRICT MAGISTRATE SUIT NUMBER:CR/DS/DC/A1/02/2025 ABENA ATWUMAA (DENKYIRA OBUASI) PLAINTIFF VRS 1. ABUSUAPANIN KWABENA NYAMEKYE 2. KWABENA AMPONSAH (ALL OF DENKYIRA ANWIASO) DEFENDANTS PARTIES: PLAINTIFF ABSENT (REPRESENTED BY KOFI ASANTE OF DENKYIRA OBUASI) DEFENDANTS PRESENT CONSENT JUDGMENT On 5th September 2025, the Plaintiff commenced this action against the Defendants claiming jointly and severally; a. Declaration of title to 8 poles of cocoa farm together with an uncultivated portion lying and situated at a place commonly known and called “Buasi Dadaa” and sharing common boundaries with Appau, Papa Kwame Daamang, Maame Yaa Kitoa and a valley belonging to the late Op. Koo Manu on Denkyira Obuasi Stool Lands. b. Recovery of Possession. On 19th November 2024, one Kofi Asante of Denkyira Obuasi came and informed the court that he would like to attempt settlement of the matter between the parties and the parties consented. In line with section 72 of the Courts Act, 1993 (Act 459) and to facilitate amicable settlement of the suit the case was adjourned for parties to attempt settlement. On 23rd January 2025, the parties filed the following agreed terms of settlement for adoption; 1. That key personalities that took part in the settlement were Abena Atwumwaa (Plaintiff), Abusuapanin Kwabena Nyamekye (1st Defendant), Kwabena Amponsah (2nd Defendant),KofiAsante( Mediator) and Kwaku Bio (Mediator) 2. That both parties came to an agreement that the disputed land is a property of 1st defendant’s family. 3. That both parties were made to agree that the 1st defendant’s family has given the disputed land to all the children of late Kwabena Yamaoh (Plaintiff’s late husband). 4. That it was further agreed that even though the disputed land has been given to all the children of the late Kwabena Yamoah, the said children are to give the plaintiff a share of any proceed that will be realised from the disputed land in any transaction. 5. That the children of late Kwabena Yamoah shall at all times treat Plaintiff as their mother. 6. That these were agreed by all the parties in the presence of the mediators. These terms were read and interpreted in Twi Language and the Defendants and the representative of the Plaintiff confirmed same on behalf of Plaintiff. The court hereby adopts the above terms of settlement, executed by the parties and their witnesses as consent judgment of the court. SGD. H/W MELISSA SELORM DADSON MAGISTRATE DIASO - DISTRICT COURT 2