FAYOME AHIABLEAME SUING FOR HIMSELF AND ON BEHALF OF THE AFATSAW FAMILY & ANOTHER v. AHORDA GBEVE

INTRODUCTION/BACKGROUND:

Per a Writ of Summons and Statement of Claim filed on the 19

th of March, 2020 and 5th

January, 2021 respectively in this Court, the Plaintiffs prayed for the following reliefs;

a. Declaration of title, recovery of possession and perpetual injunction against the defendant, his

agents, assigns, privies, workmen and all those claiming through him over the land situated,

being and lying at Tekpor near Dzodze and bounded as follows;

i. On one side by Bequin

ii. On one side by Klu Zegedee

iii. On one side by Bequin and

iv. On the last side by Xorlali Adwoub.

b. Damages for trespass

c. Costs

CASE OF THE PLAINTIFFS

The 1st Plaintiff suing for himself and on behalf of the Afatsawo Ahiableame family stated

that the land in dispute was founded by his great grandfather called Torgbui Ahiableame.

The 1

st Plaintiff stated that, his grandfather Torgbui Ahiableame gave birth to Akakpo,

Gbeve and Afatsawo.

The 1st Plaintiff stated that, sometime after the death of his grandfather his properties

were shared for Akakpo, Gbeve and Afatsawo.

The 1st Plaintiff stated that, Kwashie Gbeve, the younger brother of the Defendant once

stole goat meat from a man called Wonder boy and absconded to Kadjebi to escape arrest

and prosecution.

The 1st Plaintiff stated that, based on that development, the father of the defendant

pleaded with Akakpo and Afatsawo to give him a piece of land from their father’s yet to

be shared estates to sell and pay the cost of his son’s offence and they accepted.

The 1st Plaintiff stated that, after the death of Gbeve and Akakpo, Afatsawo decided to

share their late father’s estates among the family.

The 1st Plaintiff stated that, Afatsawo called upon one Peter Ahamah to share the property

among the various families.

The 1st Plaintiff stated that, prior to the sharing, it was agreed that because a piece of the

land was earlier given to Gbeve, a portion of the land due the Gbeve family will be taken

out and sold for the proceeds to be distributed.

The 1st Plaintiff stated that, the defendant alone went to sell a portion of the reserved land

to one Yao Kaleku but his father objected to the sale, so the purchaser came to pay another

amount of GHS 2,500.00 to his father despite having paid the same amount earlier to the

defendant.

The 1st plaintiff stated that the amount of GHS 2,500.00 received by Afatsawo was shared

between members of the family but the Defendant kept the GHS2,500.00 he earlier