SEGBEDZI AMANYO SUBSTITUTED BY KOFITSE AKORLI v. MAMANYE GBETORNYEKU & 2 ORS.

INTRODUCTION/BACKGROUND:

The plaintiff filed a Writ of Summons on the 14th March, 2016 in this Court seeking the

following reliefs;

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

lying and being at Ehi - Horme and bounded on all four sides by the property of the plaintiff.

b. Perpetual injunction restraining the defendant by herself, her agents, assigns, workmen and

privies from entering the disputed land.

c. General damages for trespass.

CASE OF THE PLAINTIFF

In a statement of claim filed on 12th December,2016, the plaintiff stated that he is the

customary successor of his father Amenyo.

The plaintiff stated that his ancestor Torgbui Goli who hails from Weta fought alongside

the Penyi people in protecting Penyi land and after the war the Penyi people led by

Torgbui Awasiame, Torgbui Kporkporte gave a large tract of land at Ehi to him in

appreciation for his support during the war.

The plaintiff stated that Goli gave birth to Eya who gave birth to Amable and Amable

also gave birth to Eze his grandfather from whom his father Amenyo inherited.

The plaintiff stated that the land founded by his ancestor Goli is bounded as follows;

i. On the first side by Weta land occupied by Agbasaklimah and Ashiakpor

ii. On the second side by Klikor land occupied by Torgbui Addo

iii. On the third side by Torgbui Korsorku and

iv. On the fourth side by Penyi land occupied by Awasiame and Kporkporte.

The plaintiff stated that the portion of the larger land in dispute is bounded on all the

four sides by Torgbe Goli’s larger land.

The plaintiff stated that his predecessors stayed on the land in dispute and the larger land

without any hindrance until the plaintiff was sued by one Agbotsoka of Anyiwome

before this court which matter he failed to prosecute.

The plaintiff stated that he has been on the disputed land with his children for so many

years until the 1st defendant trespassed on it and when confronted stated that, she rented

the land from Kumah Semador.

THE CASE OF DEFENDANTS

In his defence filed on 4th January, 2017 the defendants denied the claim claim by the

plaintiff that his ancestor named Goli fought alongside the people of Penyi in protection

of Penyi land.

The Defendants also denied the claim that a large tract of land was given to Goli the

plaintiff’s ancestor by Torgbui Awasiame for his contributions in securing the Penyi land.

The Defendants denied the claim by the plaintiff th