KOLOG DUUN vs BOAR DOK AND ORS

Introduction

1. This matter was commenced in this court on 5th May, 2021. By an amended Writ of Summons and Statement of claim filed on the 1st day February, 2022, the Plaintiff claims against the Defendants as follows:

a. A Declaration that all that Piece or Parcel of farmland situate at Datuku bounded to the North sharing boundaries with Tong Yin, to the South sharing boundaries with the Gurimi Kolog, to the East sharing boundaries with the Kulem family and sharing boundaries to the West with the Soozie’s Family the Defendants in this suit.

b. Vacant Possession of the land.

c. Perpetual injunction restraining the Defendants, their Servants, Assigns, Agents and whoever claims through them from interfering with the Plaintiff’s enjoyment of the land.

d. Cost including Solicitor’s fees.

1. Also, on the 19th day of April, 2022, the Defendants filed their amended of Statement of Defence and counterclaimed against the Plaintiff as follows:

a. A Declaration that all that piece or parcel of farmland situated at Datuku bounded to the North sharing boundary with Tong Yin, to the South sharing boundary with the Gurimi Kolog, to the East sharing boundary with the Kulem family and sharing boundary to the West with the Soozie’s Family the Defendants in this suit, is the ancestral farm land of the Defendants of which the 3rd Defendant is the current Tindana of Datuku and a descendant of the 1st Tindana of Datuku (Yaab Tasuu).

b. Vacant possession of the said land.

c. Perpetual injunction restraining the Plaintiff, his servants, assigns, agents and whoever is claiming through him from interfering with the Defendants enjoyment of the land.

d. Costs.

Plaintiff’s Case

1. The Plaintiff avers that he is the descendant of Naabil who discovered the disputed land more than two centuries ago with Pinabsiee. Plaintiff avers that the relationship between Naabil and Pinabsiee continued cordially resulting in Naabil giving out his daughter to Pinabsiee in marriage thereby becoming the In law of Naabil. Plaintiff avers that following this Pinabsiee gave out the disputed land to Naabil without any conditions and or embumbrance. Plaintiff avers that the Defendants’ ancestors (grandfather) equally had their portion of the land sharing boundaries with the Plaintiff to the West of the disputed land.

2. Plaintiff avers that Naabil who is Plaintiff's great grandfather exercised acts of possession and control over the disputed land until his demise. Plaintiff avers that aft