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Witness Statement of the Defendants

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Kofi Phaculty
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14 views3 pages

Witness Statement of the Defendants

Uploaded by

Kofi Phaculty
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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WITNESS STATEMENT OF THE DEFENDANTS

1. My name is Yaw Antoh.

2. I live at Manso Odaho in the Ashanti Region of the Republic of \Ghana.

3. I am a farmer.

4. I make this statement for myself and on behalf of the other Defendants as all
the fact of this case are well within my knowledge and belief.

5. I know the Plaintiff; the Defendants are the grandnieces and nephews of the
Plaintiff.

6. I know the House in dispute. The house in dispute is a self-acquired property


of my father, the late Opanyin Yaw Manu and it is located at Kwapra,
Kumasi in the Ashanti Region of the Republic of Ghana.

7. My Lord, a land at Ampobereso-Manso Odaho was given to our late father


Opanyin Yaw Manu by his grand uncle who was also the Chief of Manso
Odaho.

8. I repeat the immediate preceding paragraph and avers that, our late father,
Opanyin Yaw Manu was never the Plaintiff’s head of family and that the
land mentioned supra was not given to him by virtue of him being a head of
family.

9. My Lord, the land mentioned in paragraph 7 supra was given to our late
father, Opanin Yaw Manu after he made a request to his grand uncle that he
needed a land to farm on it, in order to cater for his family and same was
granted and given to him to farm on it by his grand uncle, the then Chief of
Manso.

10.My Lord, our late father, Opanyin Yaw Manu in his whole life time
cultivated about eight (8) acres of the palm trees on the land at Manso
Odaho with the assistance of his children.
11.A mining company detected a gold on the land and mentioned in paragraph
9 supra and being interested then approached our late father concerning their
interest in the land.

12.I repeat the immediate preceding paragraph and avers that, a mining
company subsequently paid to our late father agreed compensation of GH
200.00 for each of the 400 palm trees making a total of GH 80,000.00 and
addition of GH 40,000.00 for the use of the land for mining purpose and thus
making a grand total of GH 120,000.00

13.My Lord, our late father Opanyin Yaw Manu among other expenses also
gave part of the distributed part of the said amount mentioned supra among
members of his external family in the following order ;

PERSONS AMOUNT
a. Abusuapanin Kaakyire Badu GH 8,000
(to also maintain the Palace)
b. Step mother, Nana Badu GH 15,000
Brobe Anokyewaa and Yaw Nsia
c. Eno Donkor and Yaw Owuo GH 10,000
……………….
TOTAL GH 33,000
……………….
14.I repeat the immediate preceding paragraph and state that, our late father
used GH 70,000 to purchase the house in dispute for himself and his
children in recognition of our assistance to him even though all documents
covering the house in dispute was issued in his name.

15. The late Opanyin Yaw Manu in presence of witnesses, namely ; Ernestina
Fordjour, Adu Gyamfi Eric, Adwoa Bobea, Emmanuel Amoateng and Dan
Owusu paid GH 70,000 to Dominic Jacob Fordjour for the purchase of the
house in dispute.

16.My Lord, the mining activity on the said land was done for just one year and
the land has since reverted to the family, although I replanted palm tree on a
portion of the land about three (3) years ago, some of the members of the
Plaintiff’s family namely; Amoateng Osei Assibey and Kofi Bronya have
resold the land and have thereby destroyed over 50 palm treeswithout any
compensation to me.

17.My Lord, I hereby emphatically say that, our late father has never been the
head of the Plaintiff’s family and has never led any negotiation on behalf of
the Plaintiff’s family concerning selling a portion of the Plaintiff’s family
property to one Edward and using same or the proceeds to acquire the house
in dispute.

18.I repeat the immediate preceding paragraph and avers that, our late father
only used the proceeds he got from the compensation the mining company
gave him concerning his 400 palm trees to acquire the house in dispute

19.My Lord, our late father acquired the house in dispute from one Dominic
Jacob Fordjour for consideration of GH 70,000.00 (Attached and marked as
exhibit “A1” is the said receipt under reference).

20. My late father, Opanyin Yaw Manu was issused with Allocation Note and
Site Plan in his name; Opanyin Yaw Manu, Son and Daughters by the
Kwaprah Stool Lands (Attached and marked as Exhibit “A2” is the said
Allocation Note and Site Plan under reference )

21.The Late Opanyin Yaw Manu was again issued Statutory Declaration by
Dominic Jacob Fordjour indicating that the said plots have been allocated to
him.( Attached and marked as Exhibit “B3”ias a copy of the statutory
Declaration)

22. I therefore say that the house in dispute is the bona fide property of my late
father, the late Opanyin Yaw Manu.

23.I therefore pray that, the Court dismiss the Plaintiff Claim as unmeritorious
grants all my Counter Claim against the Plaintiff.

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