MENSAH AGBODZA & MARSHALL GODSON AGBODZA v. MANORGBE AGBODZA

INTRODUCTION/BACKGROUND:

Per a Writ of Summons and Statement of Claim filed on the 20th of December, 2016 and

20th January, 2017 in this Court, the Plaintiffs prayed for the following reliefs;

a. Declaration of title, ownership and recovery of possession of all that parcel of land situate,

lying and being at Adzoatsi and bounded as follows;

i. On oneside by the Weta road

ii. On another side by the property of Ahiase Agbodza

iii. On another side by the properties of Fafanyo Agbanyo and Anyidoho Anthony

and

iv. On the last side by the property of Ahiase Agbodza.

b. Perpetual injunction restraining the defendants by themselves, their agents, assigns, workmen

and privies from entering the disputed land.

c. General damages.

CASE OF THE PLAINTIFFS

It is the case of the plaintiffs that, the Defendant is their paternal brother and the youngest

of nine (9) male children of their late father Ahiase Agbodza.

The plaintiffs assert that the land in dispute was inherited by their father Ahiase

Agbodza, after the death of their grandfather John Dzogbede.

The plaintiffs stated that after the death of their father, series of meetings were scheduled

for the purpose of sharing their late father’s estates but the defendant failed to attend any

of the meetings despite being notified.

The 2nd plaintiff stated that sometime in November, 2013 the 1st and 2nd plaintiffs were

informed by a woman by name Dopuivi that, the Defendant used their names to collect

an amount of Two Hundred cedis (GH₵200) from her as part payment for a portion of

their father’s land he sold without their consent.

The plaintiffs stated that they instructed the woman to go for her money from the

Defendants since the sale of land was without their consent.

The plaintiffs stated that after the death of the said woman, her children who were

originally sued as the 1st and 2nd Defendants in this suit, requested that the Defendant

demarcates the boundaries of the land he sold to their mother and this brought about a

dispute involving one Anthony Anyidoho, originally sued as the 4th Defendant who also

claimed to have earlier purchased part of the disputed land from another person.

The plaintiffs stated that the disputed land has not been shared by the family and so it

was customarily wrong for their younger brother, the Defendant to dispose of part of the

estates without the consent and approval of other family members.

The plaintiffs stated that the said Anthony Anyidoho is also