JOHN GAVEH-AHIABLE, WILLIAM KOFI ATROR(DECEASED), JUBILATE SENANU AHIABLE, EDITH EYI AHIABLE AND WILLIAM AHIABLE v. MAKAFUI SEGBAWU, MOSES KOFI SEGBAWU, MARY SEGBAWU AND SAMUEL KWABLA SEGBAWU

INTRODUCTION

The Plaintiffs through their lawful Attorney instituted the present suit against the

Defendants on the 14th day of June, 2021. The Defendants accordingly entered

Appearance to the suit on the 22nd day of June, 2021 and later filed their Statement of

Defence and Counterclaim on 2nd day of July, 2021. Plaintiffs then filed a Reply to the

Statement of Defence and Counterclaim on the 16th day of August, 2021 and further

filed Application for Directions on the same date containing Nine (9) issues to be set

down for trial and moved on the 2nd day of September, 2021.

By their Writ of Summons and Statement of Claim, the Plaintiffs sought against the

Defendants the following reliefs:

a. An order compelling the Defendants to render accounts of their renting of the

two (2) stores no. B. 109, Anloga with its boundaries as clearly stated in

paragraph 7 of the statement of claim which had been in possession of their late

father E. W. K. Segbawu and thereafter to the Defendants for over seventy (70)

good years now and to ascertain whether or not they have recovered the monies

borrowed from Mr. E. W. K. Segbawu in settling U.A.C at the time or in the

alternative;

b. A declaration that the continued occupation and use of the Estate property of

the Ahiable family by the Defendants and their tenants amount to intermeddling

in the Estate and subject to sanction under the law.

c. A declaration that the Defendants apart from the legal sanction for

intermeddling in the Estate, the Defendants must account to the Plaintiffs for the

rents collected for the said period referred to supra.

d. An order on the Defendants and their Tenants or occupants, residing on the

premises to vacate forthwith and handover vacant possession to the Plaintiffs

for lawful occupation by the Plaintiffs and other members of the Ahiable family.

e. Recovery of possession of the said stores complained of.

f. An order of perpetual injunction against the Defendants, their agents, servants,

workmen, successors, privies and assigns restraining them from having

anything to do with the said land and stores thereon or any portion(s) thereof

and particularly from continuing with their illegal and unlawful acts of thereon

and from interfering with their ownership, possession, control, cultivation,

development, enjoyment or alienation of the said piece of land or stores thereon

or any portions thereof by the Plaintiffs and other members of the Ahiable

family, their agents,