DUTOR TORGBIGA WENYA III & ORS VS AWADADA A. AWUSU II & ORS
March 26, 2024
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE DANIEL MENSAH, ESQ
Areas of Law
- Civil Procedure
- Property and Real Estate Law
March 26, 2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
The High Court, per Justice Daniel Mensah, addressed preliminary applications in a land dispute centered on Agorwowornu at Anloga. E. A. Vorduagu (styled Dutor Torgbiga Wenya III) and two other Loafe Clan members sought declaration of title to land said to include Wenya Is tomb and associated features, damages for trespass, and a perpetual injunction. Defendantsincluding the Awadada of the Anlo Stateargued the land encompasses the Agorwowornu shrine and traditional court, is stool property under state authority, and that Vorduagu lacked capacity due to a Judicial Committee order restraining him from holding himself out as Dutor. The Court held the restraining order was extant and struck out the 1st plaintiff, but refused to dismiss the suit or decline jurisdiction, noting that the plaintiffs claim governs jurisdiction at this stage and evidence is needed to determine whether the land is family or stool property. The 2nd and 3rd plaintiffs were directed to amend the writ within 14 days.
On the 15/6/2023 the plaintiffs in this suit caused a writ to be issued against the defendants herein for a. A declaration of title to all piece or parcel of land, together with Dutor Torgbiga Wenya I’s tomb Dutor Torgbiga Wenya I’s Duli/Toli, Dutor Torgbiga Wenya I’s hut end trees, situate and being at Anloga bounded on the south by Fiawoduakope’s property measuring 33 ft more or less; on the North by Gagadoshi property measuring 59 ft more or less on the East by the property of Awushie and Televi measuring 44 ft more or less; and the writ by Torgbi Wenya street, an Loafe Clan property founded by their ancestor Dutor Torgbiga Wenya I. b. General Damages of Two Hundred and Fifty Thousand Ghana Cedis(GH¢250, 000) for trespass on Plaintiffs’ property.
c. A Perpetual injunction to restrain the Defendants, their privies, workmen, agents and any other person claiming through them from interfering with the disputed land either by entering, writing on the walls, locking up or dealing with the same property in any way.
d. Any other order(s) that this Honourable Court may deem fit.
e. Cost. When the above writ together with the accompanying Statement of claim was served on the defendants, they entered an appearance and subsequently the 4 th, 3rd and 5th defendants 2nd defendants filed their respective applications to dismiss the suit on grounds of lack of capacity, want or lack of jurisdiction.
The 1 st Plaintiff on his behalf as well as the 2nd and 3rd Plaintiffs filed their respective affidavit in opposition to the applications filed by the th, 3rd and 5th, and 1st and 2nd defendants.
In his application to dismiss the entire writ of summons, statement of claim and injunction application, the 4 th defendant averred that the Anlo Traditional Council had injuncted the 1 st Plaintiff from the use of the title Dutor Togbiga Wenya III which order has not been set aside and the continuous usage of the said name by the 1 st plaintiff is a brazen disregard of the said Judicial Committee of the Anlo Traditional Council.
That per the said order, the 1 st plaintiff cannot legally continue to use the said title to mount an action and to that extent the usage of the said name is fatal to the mounting of the suit.
According to the 4 th Defendant it is a well-known fact that there is no th title in Anlo land known and called Dutor.
In that regard the 4 Defendant had put in Exhibit A, A2 and B, C. The 4 th defendant goes on to say that the coronation of 1 st plaintiff had