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JUDGMENT
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