KWAWUVI AGBONUTSI VS WILLIAM KWAKU AGOZIE

GIFTY AGYEI ADDO JA

INTRODUCTION

This is an interlocutory appeal by the Defendant/Appellant against the ruling of the High Court, Sogakope. The ruling is dated 27th of September 2022. The appeal calls on us to set aside portions of the ruling on the joinder application, which held that the Defendant/Appellant was not a bona fide purchaser for value of the subject of dispute without notice of defect in the title of his grantor. For ease of reference, we shall maintain the designation of the parties in the court below, that is, the Plaintiff and Defendant.

BACKGROUND AND FACTS

The Plaintiff, per his amended writ of summons and accompanying statement of claim, filed on 4th July 2022, brought an action against the Defendant seeking the following reliefs:

a. Declaration of title to all that piece or parcel of land situate, lying and being at Kewikpo and bounded as follows;

On the North by Adzidokpoe Creek and marked as Dakpui family land,

On the South by Atorkpo and marked as Dakpui family land,

On the East by Wevoe Creek and marked as Dakpui family land,

On the West by Aflave Creek and marked as Dakpui family land.

b. Damages for trespass.

c. Recovery of possession.

d. An order for perpetual injunction restraining the Defendant, his privies, assigns, agents, workmen or servants from entering, ploughing, cultivating, developing, dealing with the disputed land and or engaging in any act (s) that amount to interference with the property right of the plaintiff’s Dakpui family.

e. Cost including legal fees.

THE CASE OF THE PLAINTIFF

The action was mounted by the Plaintiff, according to him, as the head and acting representative of the Dakpui family of Mafi-Lokokope. Per the Plaintiff, his family owns a large tract of land measuring in total 87, 667.67 acres, on which his family has exercised various overt acts of ownership, such as farming, for many years without any interference from any quarter. That the ownership of the said land by his family has been affirmed by a decision of the High Court dated 23rd August 2021 in suit no E1/24/2021 entitled HLORTATOR KWAKU DZORGBELA AND OTHERS VRS: KWAWUVI AGBONUTSI AND ANOTHER.

The Plaintiff continues that the Defendant has trespassed on portions of the said tract of land, which trespass is located at Kewikpo. Per the Plaintiff, all efforts to stop the Defendant’s activities of trespass have proved futile. It is for this reason that the Plaintiff instituted the action.

THE CASE OF THE DEFENDANT

The Defend