FRED DZAKO BUATSI v. MRS. ESTHER VODZI AND LANDS COMMISSION

On 24/06/2019, the plaintiff issued a writ of summons against a trespasser on his land.

The trespasser is 1st defendant.

The following are the endorsement of his reliefs sought.

1. A declaration of title to all that piece or parcel of land situate lying and being

at a place known and called Gbalave, near Ho Technical University and more

particularly described in Land Registry Document No. 2720/1979 and further

described in the schedule hereto.

1. An order for damages for trespass.

2. An order for recovery of possession of all or any portion trespassed upon by

the defendants and/or registered in the name of James Yaovi Vodzi.

1. A further order directed at the 2nd defendant to delete, cancel and/or correct the

portion of the plaintiff’s said land registered in the name of James Yaovi Vodzi.

1. An order of Perpetual Injunction restraining the defendants whether by

themselves, privies, assigns, workmen or whosoever described from having

anything to do with the plaintiff’s land as described.

1. Costs.

SCHEDULE

The land is situate, lying and being at Gbalave, near the Ho Technical University and

bounded as follows; -

On one side by the land of Ben Agbetsoamedo.

On another side by the land of the Glalah Family.

On yet another side by a road, and

On the last side by the main Ho, Technical University road.

Upon service the 1st defendant lodged a defence on the 9/08/2019 and denied the

claims of the plaintiff. She however did not counter-claim.

At close of pleadings, the following issues were adopted by the court for

determination when it conducted direction on the 25/03/2020.

ISSUES

1. Whether the plaintiff acquired by purchase in 2/1/1979, the land the subject

matter of this suit from the Afese family of Ho-Dome.

2. Whether or not the land was demarcated and boundary pillars erected on the

boundaries with the inscriptions FDB.

3. Whether or not the plaintiff left the land in the care of Ben Agbetsoamedo, Natal

and Robert Sangbe.

4. Whether or not Natal purchased the boundary of the land belonging to the

Glalah family.

5. Whether or not the plaintiff caused sandcrete blocks to be moulded and packed

on a portion of the land.

6. Whether or not the plaintiff conducted searches on the land.

7. Whether or not by a search conducted in 2015, a portion of the land is registered

by the 2nd defendant in the name of 1st defendant or her husband.

8. Whether or not what transpired before Togbe Kassa was a valid arbitration.

9.