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JUDGMENT
CASE OF PLAINTIFFS:
Per a writ of summons and statement of claim filed on the 7th of May, 2018 and 17th
May,2018, the plaintiffs prayed for the following reliefs;
1. Declaration of title, ownership and recovery of possession of all that piece of land
situate, lying and being at Huive and bounded as follows;
➢ On one side by the property of Vincent Deku
➢ On another side by the property of Prosper Gadzi
➢ On another side by the property of Mawutor Kukubor
➢ On the last side by the property of Paul Gadzi
2. Perpetual injunction restraining the defendants by themselves, their agents,
assigns, workmen and privies from entering the disputed land.
3. General damages for trespass.
By an amended writ of summons filed on 25th June,2018 the plaintiffs amended their writ
and substituted their reliefs with an order of the Court to enforce the customary arbitration
award by Torgbui Gbordzor VII, Dufia of Klenormadi-Weta.
CASE OF THE PLAINTIFFS
It is the case of the plaintiffs that the land, the subject matter of this suit was founded by
their great grandfather Torgbui Gbodzor which land they inherited by succession
through their father Kordzovi Fiador.
The Plaintiffs assert that since the demise of their father fifteen years ago, they continued
cultivating the land and have been plucking coconut from trees situated on same planted
by their late father.
The plaintiffs assert that on the 15th day of December, 2017, the Defendants trespassed on
the land by putting gravels on same and has been claiming ownership.
The plaintiffs assert that after several attempts to restrain the defendants had proved
futile, they summoned them at the Arbitration Court of Torgbui Gbordzor VII of
Klenormadi which matter was heard and judgment was delivered in their favour.
The plaintiffs assert further that the defendants failed to abide by the terms of the award
and went ahead to cultivate the land, which led to this action.
THE CASE OF DEFENDANTS
By an amended statement of defence filed on 25th September,2018, the defendants state
that even though the matter was arbitrated upon at Torgbui Gbordzor’s arbitration, they
expressed their dissatisfaction to the said award.
The defendants assert that since they expressed their dissatisfaction to the arbitration
award, they cannot abide by the terms.
The defendants assert that they acquired the land through succession as the direct
descendants of Torgbui Apedzi who is the son of Torgbui Gbordzor the original o