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JUDGMENT
By his writ of summons dated 1 August 2017, the Plaintiff claims against the defendant
as follows: -
1. A declaration that the Plaintiffs family known as Korvi Kwesi family is the
owner of all that piece or parcel of land, known as Korvi land and bounded on
the East by Togbe Folidze stool land, on the West by the Amegavi family land
on the South by the Kundo and Nkunyenstu family lands and on the North by
Togbe Folidze stool land measuring an approximate area of 2½ miles square
more or less.
2. Damages for trespass
3. An order for recovery of possession of the said land.
4. An order of Perpetual injection(sic) restraining the defendants, their agents,
workmen, assigns and privies whomsoever from entering the said parcel of
land, the subject matter of this suit, remaining thereon, carrying on any work
whatsoever thereon or in any manner interfering with the plaintiffs ownership
and possession of the said land.
5. Any other reliefs found due.
Upon service of the Plaintiff’s writ of summons and statement of claim on the
defendant, he entered appearance and filed a defence denying the claim of the Plaintiff
in its entirety and counter claimed as follows:
I. Declaration of title to all that piece or parcel of land known and called Devenu
land, situate lying and being at Kpando Bame within the Afekewu family
land.
II. Perpetual injunction restraining the plaintiff, his assigns, agents and anybody
claiming title through him from ever laying claim to the Devenu land, the
subject matter of this suit.
III. Further or other reliefs the Honourable Court may deem appropriate.
By way of reply and defence to counter claim, the plaintiff denied the claim of the
Defendant.
PLAINTIFF’S CASE
The case of the Plaintiff as can be gleaned from his pleadings is that he is the head of
the Korvi Kwasi Family of Kpando Bame and he brings this action for himself and on
behalf of the said family and sues the defendant in his capacity as the head of the
Afekewu Family of Kpando-Bame. According to Plaintiff the land known as Korvi
Kwasi land was founded by their forefather one Korvi Kwasi through hunting during
the settlement of the people of Kpando Bame at their present place. That Korvi Kwasi
whose mother came from Kpando Gabi and who was also the personal bodyguard of
Togbui Dagadu, Chief of Kpando, migrated to Kpando Gabi with his family. He then
appointed one Togbui Hlo Yawo Humphrey as the caretaker of the land. According to
the Plaintiff