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JUDGMENT
The plaintiff, the head of Djerakor family of Devego sued the defendant per the instant
writ of summons and claimed the following reliefs.
A. Declaration of title to all that piece and parcel of land situate, lying and being
at Agblekpui, Devego and particularly described as follows:
- On one side with Mr. Zogli.
- On another side with Mr. Kwaku Kporble.
- One another side with Kofi Daklo.
- On the last and fourth side with Mr. Besah Kponyo.
B. General and special damages for trespass.
C. Recovery of possession.
D. Perpetual Injunction restraining the defendant, his privies, assigns, agents,
servants, workers and anybody claiming title through him from ever having
anything to do with the disputed land whatsoever.
E. Punitive cost.
F. Any other remedies/reliefs that the court deems fit and appropriate.
CASE OF PLAINTIFF
It is plaintiff’s case that the land in dispute belongs to his family which is situate at
Agblekpui – Devego. Plaintiff traced his root of title through its founder his ancestor
called Kporkplordekakpuia. The said ancestor had no male child. According to
plaintiff Madam Awleshie and Xorborekpoe were his nieces. That the plaintiff’s
family and defendant’s family descend from two different lines of Xorgborekpoe and
Awleshie respectively.
Plaintiff contend that both families have their separate land which they farm for many
years until recently when defendant started to trespass unto portions belong to
plaintiff’s family leading to conflicts between them. The plaintiff maintained the
boundary as stated above.
According to plaintiff the boundaries of the land are marked with Anya trees, Silk
Cotton tress-Kodzilifo (boundary shown by hoe) that the old Devego – Tadzewu road
has affected the land to some extent.
The plaintiff continue that, the Sabbla family invited them before Torgbe Gbedela,
Regent of Dafornyami, a suburb of Devego to discuss the issue over the land.
At Torgbe Gbedela’s sitting a member of the Sabbla family called Mr. Holi Sarblah
appeared and postulated that, Djerakor married a woman called Nkunorgbi from the
Sarblah family, based on which they were allowed to farm the disputed land. This
postulation was timeously rejected by the plaintiff. Tthat the said Nkunorgbi was a
daughter of Viglo a brother of Kpegah from a different family. The matter was again
put before Togbe Adigblor, where defendant claim the Djerakor’s were strangers who
came to ask the land for farming.
According to plaint