GH - FRANKLYN AMATO & ANOR v. TOGBE KWAKU DUA VIII, BEN DAMESI, PAUL SAKPATA AND VOLPALM LTD

JUDGMENT

1 Background

Claiming as administrators of the estate of their late father Togbe Toyi IV1

, and on

behalf of their other siblings and beneficiaries of the estate, which they claim is

under threat by Defendants, Plaintiffs, on 22 January 2020 commenced this suit by

a writ of summons against Defendants herein for the following reliefs:

i An order of declaration of title in favour of Plaintiffs on behalf of

their father's estate over the land described as all that piece or parcel

of land situate, lying and being at Gbefi Tornu in the Kpando

Municipality and bounded on the North East by the Gbefi Tornu

stool land, the vendor's land measuring 1000, 2500, 1500 and 1450

feet more or less; on the North West by the vendor's land measuring

1 Known in private life as Constance Hughes Moensi Amattoo

2150, 1650,1700, 700 and 1,145 feet more or less; and also bordering

the River Dayi and the adjoining forest respectively measuring 9,840

feet more or less; on the South East by the vendor's land measuring

1,790 and 2,050 feet more or less; and on the South West by the

vendor's land measuring 2000, 2000, 2450 feet more or less all

containing an approximate area of 814.68 acres or 329.69 hectares.

ii An order for recovery of possession of about 400 acres of their late

father's land, currently being cultivated by VOLPALM LIMITED.

iii Alternatively, an order to compel the 4th Defendant to attorn

tenancy to the Plaintiffs and a further order to negotiate rent for the

land cultivated so far.

iv Damages for trespass against the 4th Defendant.

v An order for a perpetual injunction restraining Defendants whether

by themselves or their assigns, workers, agents, etc from interfering

with the remaining 400 acres outside the cultivation of 4th Defendant

or in any way interfering with Plaintiffs' … ownership, possession

and control of the land.

vi An order for damages for trespass by Defendants jointly and

severally.

vii Costs.

2 Parties’ statements of case

The plaintiffs’ case, as I find, is that their late father Togbe Toyi IV of Gbefi Tornu

died on 3 August 2002 and left as part of his estate a large tract of land of about

814.68 acres or 329.69 hectares situate at Gbefi Tornu within the Gbefi Tornu Stool

land in the Kpando Municipality of the Volta Region with boundary dimensions

as stated on the writ of summons. The land, according to the Plaintiffs was a

customary grant to their late father by the Gbefi Tornu Stool in his private n