SETH KODZO DOAMEKPOR v. DUTSO DZIDO KUDZO & FELICIA DUFE

INTRODUCTION/BACKGROUND:

Per a Writ of Summons filed on the 5th of August, 2021 the Plaintiff prayed for the

following reliefs;

a. Declaration of title, recovery of possession and perpetual injunction restraining the defendants

herein, their agents, workmen and assigns and those claiming through them from having

anything to do with the land bounded as follows;

i. On one side by the property of Dzotefe Morganu

ii. On one side by the property of Tovor Morganu

iii. On one side by the property of Michael Kofi Duvor

iv. On one side by the Roman Catholic Primary School Fiagbedu.

b. Cost.

c. Damages.

CASE OF THE PLAINTIFF

In his statement of claim filed on 8th October, 2021 the plaintiff acting by his lawful

attorney stated that his grandfather Torgbui Todzi founded a large tract of land at Dzodze

of which the disputed land forms part of.

The plaintiff averred that, Torgbui Todzi had two children Torgbui Anagbo and Torgbui

Dade and shared his lands among the two before his demise.

The plaintiff stated that he hails from the lineage of Torgbui Dade who gave birth to

Vedome his great grandfather who also gave birth to Morganu Doamekpor his

grandfather.

The plaintiff stated that Morganu Doamekpor gave birth to Tsawodzi who also gave birth

to Seth Doamekpor the plaintiff and others.

The plaintiff stated that the land in dispute used to be a farm land for their fore fathers

but with time has now become part of the Dzodze township and a site for building by

members of the Doamekpor family.

The plaintiff stated that the portion in dispute was part of the piece of land allocated to

his late father Tsawodzi Doamekpor who after building left the area in dispute vacant.

The plaintiff stated that he inherited Tsawodzi Doamekpor as the customary successor

after his demise and has since been in possession and control of the land without any

hindrance from any person or quarter.

The plaintiff stated that sometime ago his elder brother Samuel Doamekpor with his

consent gave a portion of the land in issue to the 1st defendant to place a shop for his

barbering business with the intention that the shop would be removed anytime the

plaintiff was ready to build on the land.

The plaintiff stated that few years after the demise of his elder brother, he informed the

1st defendant through their head of family of his readiness to develop the land so he

should remove his shop but the 1st defendant failed or refused to do so.

The plaintiff stated that s