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JUDGMENT
On the 6/02/2020, the plaintiff commenced this action against the defendants herein and
the following are his reliefs;
i) Declaration of title to all that piece or parcel of land situate, lying and being at
Alagbavi-Dzodze and bound as follows;
LOT A
- On the North by the property of Dzameshie Adukpo of Dzodze.
- On the South by Fianyo of Dzodze.
- On the East by Azinogo; and
- On the West by the properties of Chief Awuku Adzofia II and Segla Kovor.
LOT B
- On the North by a main path lane.
- On the South by the property of Vodzi Agbleke.
- On the East by the property of Nuworsu Wordui and Seke Worwui.
- On the West by the property of Adjoko, late of Dzodze Dzegbefi.
ii) Recover of possession.
iii) Perpetual injunction restraining the defendants, their agents, workmen, privies
and any other person(s) claiming title through them from ever entering or
having anything to do with the disputed land.
iv) General damages for trespass.
v) Any other reliefs the honorable Court may deem fit.
In the plaintiff’s statement of claim he averred that he is the son and next of kin of
Clemence Amegbletor deceased who was also known as Togbui Awuku Adzofiasi II of
Dzodze Ablorme. He described the 1st, 2nd and 3rd defendants as his paternal cousins who
are also resident at Dzodze-Ablorme. That the 4th – 11th defendants are the grantees of
the 1st – 3rd defendants herein of portion of the disputed land. It is the case of the plaintiff
that his late father Togbui Awuku Adzofia II was the bona fide owner of a parcels of land
described in the endorsement.
According to him his father acquired the land through gift from one Minyosode Avuglah
as far back as November 1962.
According to the plaintiff his father took possession of the land by cultivating cassava,
maize and palm trees on same. As part of evidence of possession his father allowed one
Seth Kodzo and his wife and Justice Agbenyega Zogli to be cultivating without
hindrance.
He averred that, sometime in the year 2000, his father sold a portion of Lot B to one
Madam Amuzu Florence Ahiadzo without a challenge. He continued, that sometime in
2012 his father stood surety for an accused person which he was compelled to carve out
a portion of Lot B when the said accused person failed to honor the terms of his bail.
He stressed that sometime after the death of his father, the 1st, 2nd and 3rd defendants
without the consent of the plaintiff started selling portions of the land to the 4th