Try asking the following...
JUDGMENT
J U D G M E N T
The plaintiffs herein approached the civil altar of this court by a writ of summons issued
against the defendants on 4 July 2022 claiming the following reliefs:
a) Declaration of title to all that piece or parcel of land known and called Voyi
Land which is situate, lying and being at Sokode Gbogame and bounded as
follows:
On one side by the property of Sunu family
On one other side by the property of Tugum family
On yet another side by the property of Dzomeku family
On the last side by the property of Dzomeku/Akuvi family.
b) An order that any land transaction made by the defendants or their father
or any family member(s) is null and void and has no legal effect.
c) An order directed at the Lands Commission, Ho to expunge from its records
any registered transaction in respect of portions of the land illegally sold by
the defendants or their father or any family member(s).
d) Recovery of possession.
e) An order of perpetual injunction restraining the defendants, their assigns,
privies, workmen, servants, agents or any person claiming title through
them from entering or carrying out a new form of development or projects
on the disputed land.
f) General damages for trespass.
g) Costs.
The writ of summons was accompanied by a statement of claim issued together with it
in which the plaintiff spelt out the factual situation that led to the instant suit.
Upon service of the writ of summons, the second defendant entered appearance and
proceeded thereafter to file his statement of defence on 28 July 2022 and joined issues
with the plaintiffs on their plaint.
Since the instant suit is a civil case and carries with it the same evidential burden as every
other civil case, the plaintiff is required by section 11(1) of the Evidence Act, 1975 (NRCD
- to adduce admissible, cogent and credible evidence in support of the reliefs sought.
See: First Eye Ltd v. Jehovah God See Me Herbal Shop & Others [2013-2015] 1 GLR 101.
Suffice it to say that the defendants in the instant suit did not file any counterclaim, and
therefore did not assume any such burden of proof.
From the pleadings filed by the parties, the plaintiff set out a couple of issues for the
determination of the court. The said issues were adopted by the court as issues set down
for trial. They were:
a) Whether or not plaintiffs are the legitimate owners of the land in dispute.
b) Whether or not plaintiffs are entitled to their claim.
c) Whether or not the s