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JUDGMENT AFTER TRIAL
1 Background
It has been over 14 years ago, that is, on 26 November 2008 that Plaintiffs, claiming
to be the representatives of the Lafe Clan of Atiavi on behalf of the Clan
commenced this action by a writ of summons in this court against Defendants for
the following reliefs:
i Declaration of title to all that piece or parcel of land known as Atsiavi
Lands and bounded as follows:
On one side by the properties of Gefuawo and Tsofuawo
On the 2nd side by the property of Tsofuawo and the Keta Lagoon
On the 3rd and 4" sides by the property of Seviawo.
ii Damages for trespass
iii Recovery of possession
iv Injunction
2 Parties’ statements of case
Plaintiffs claim that the Clan owns the parcel of land situate at Atiavi, known as
Atiavi land with boundary description as stated above; claiming to have owned
the land from time immemorial, cultivating food crops and palm trees. They claim
further that their ownership and title to the land have been confirmed by several
court judgments under which they had enjoyed use of the land without hindrance
until in September 2007 when an agent contractor of the 2nd Defendant trespassed
unto the land at Agbodokor constructing a cellular telecom transmission site for
2nd Defendant who rebuffed their protests and demands to stop work on the land.
2nd Defendant response was that it had obtained a lease of the piece of land from
the 1st Defendant. Plaintiffs avers that their Clan does not know 1st Defendant;
neither does 1st Defendant has title to the land to grant to 2nd Defendant.
In his amended statement of defence, 1st Defendant denies the Plaintiffs claim;
indeed, denying that the land on which 2nd Defendant has constructed the cell mast
with his permission is the subject matter of court judgments that the Plaintiffs
claim to have secured over the land. 1st Defendant further denies that Plaintiffs had
been exercising acts of long ownership of the land According to 1st Defendant, the
disputed land belonged to the Tuvorga family and that it was auctioned under a
judgment in a case titled Torgbuiga Horsu & Kotoka v Kudaya Mensah and Dagadu
Khokoe, which his late father Torgbi Tsili II bought at the said public auction and
issued with a Certificate of Purchase.
1st Defendant states that his late father Torgbi Tsili II after the purchase released
the land back to the Tuvorga family who in appreciation of his father’s redemptive
intervention granted a portion thereof to his late father with the fol