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JUDGMENT
On the 22/07/2022 the Plaintiff Gligbafia Togbe Kakla Akoe Dosor IV Overlord of
Akoefe Traditional Area and Dufia of Akoefe Tokor, Head and Lawful representative
of Daheviawo of Akoefe Tokor sued the Defendant one David Nsem Doe described
as Head of Kataviwo (Kata family) of Akoefe Gadza, a farmer.
Plaintiff claimed the following reliefs:
(a) Declaration of title to that track of land situate, lying and bring at the North
Eastern part of Akoefe-Tokor and popularly known as “Tovu” and particularly
bounded as;
- On one side by the Dedzi land.
- On another side by the Asigbede land
- On another side by the Gbovle Stream, and Tonyui land
- On another side by Tsidze Tokoe land
(b) Recovery of possession
(c) Damages for trespass
(d) Perpetual injunction restraining the defendant, his assigns, kith and kin,
privies, agents, workers, servants and anybody claiming title through him or
at his behest from having anything doing whatsoever with the disputed land.
(e) A declaration that the Daheviawo are the allodial owners of Akoefe lands per
their progenitor Togbe Kakla Akoe founding Akoefe.
(f) Punitive cost.
(g) Any other remedies/reliefs that the court deems fit and appropriate.
The writ of summon and statement of claim was served on the defendant. The
defendant did not react to the summons as expected under order 9 r 1 of the High
Court Civil Procedure Rules, C. I 47 of 2004.
Plaintiff proceeded to conduct a search on the 09/08/2022 to ascertain whether or not
defendant received the summons and steps taken by him to defend the action. The
search revealed that the defendant has not entered an appearance nor filed a defence.
A motion Ex-parte for interlocutory judgement in default of appearance under Order
10 r 5 was filed on 15/08/2022 to invoke the jurisdiction of this court against the
defendant.
Satisfied that the defendant has been served but refused to appear, the rules allow the
court to make an order for Interlocutory Judgment in default of appearance against
him.
An order directed at plaintiff to file and serve witness statement to proof his title to
the disputed land was made and complied with.
Generally, a court has no jurisdiction to proceed against a person who has no
knowledge of its proceedings. Guided by the above principle of law, the court directed
that, entry of judgment be filed and served on the defendant.
I have proof that, on the 7th March, 2023 defendant received the entry of default
judgment. I have