ALBERT WORMENOR & ANOTHER v. RAPHAEL BOKOR GODWIN SEDZRO

CASE OF PLAINTIFF:

By a writ of summons and statement of claim filed on 10th November,2011 and 6th

December, 2011 the plaintiffs claimed the following reliefs against the defendant;

a. Declaration of title and recovery of possession of the piece of land situated at Adagbledu-

Dzodze and bounded as follows;

i) On one side by the property of Bokor Sedzro

ii) On another side by the property of Ahiawortor

iii) On another side by the property of Agoha and

iv) On the last side by the property of Ahorli

b. Perpetual injunction restraining the defendant, his agents, workmen, servants, assigns and

privies from trespassing unto the disputed land.

c. General damages for trespass

The 1st plaintiff initiated this action for and on behalf of the siblings of the Wormenor

family and claimed that, the land the subject matter of dispute was originally founded by

Torgbui Dzoku I.

The Plaintiff traced the genealogy of the Wormenor family from Torgbui Dzoku I as

follows;

That Torgbui Dzoku I gave birth to Bortsi and Bortsi gave birth to Abede who gave birth

to Kumani and Kumani gave birth to Wormenor who also gave birth to Hudoba

Wormenor, Atsu Wormenor and Doe Wormenor alongside others.

The plaintiff assert that all the above mentioned persons at various periods exercised

possession over and cultivated the land in dispute for several years without any objection

from anyone.

The plaintiff assert that the Wormenor family allowed its members to occupy and

construct dwelling places on the land without any hindrance and at a point his father also

built a house on part of the land for his wife Adzowoa Adzogble.

The plaintiff assert that the defendant’s father Kwaku Sedzro Aglawu who hails from

Aglawukorpe and not a member of the Wormenor family got married to one Dashie

Ahiablie, the plaintiff’s Aunt who was granted part of the Wormenor family land upon

her request for development purpose.

The plaintiff assert that the defendant’s father built on the land granted to Dashie

Ahiablie her wife, where they both lived till their demise and the defendant’s father was

sent to Aglawukorpe for burial.

The plaintiff assert that the place which was granted Dashie Ahiablie was a shrine which

belonged to Torgbui Adzogble but after his demise his successor Torgbui Dzoku III

together with the plaintiff’s Uncle Hudoba Wormenor granted same to Dashie.

The plaintiff assert that the place which was granted to Dashie and later inherited by

Kwaku Sedzro Aglawu is di