SOMENYA KORBBY v. MICHAEL AGBAVOR

INTRODUCTION/BACKGROUND:

Per a Writ of Summons filed on 20th April, 2021 in this Court, the Plaintiff prayed for the

following reliefs;

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

from having anything to do with the land described as follows;

i. On one side by the property of Mr. Kpedator

ii. On another side by the property of the Roman Catholic Mission, Dzodze

iii. On another side by the property of Avuwoada and

iv. On the last side by the property of Adedze.

b. Damages for trespass.

c. Costs and for any further or orders the court may deem fit.

CASE OF THE PLAINTIFFS

It is the case of the plaintiff that, the disputed land was founded by her great grandfather

Torgbui Adzenu several years ago.

The plaintiff stated that, her father Korbby was the grandson of Torgbui Adzenu and

inherited the land through successive inheritance.

The plaintiff stated that her father gifted to her a portion of the land he inherited which

she built on and left the portion in dispute vacant.

The plaintiff stated that, her father also gave portions of the land to her other siblings

including the defendant where he has built and that after the death of their father the

family shared his estates including lands among his children.

The plaintiff stated that she started construction on her portion of the land and stopped

the work due to lack of funds but the defendant recently trespassed unto that portion of

her land and erected a bath house without her consent and is also laying claim to

ownership.

The plaintiff stated that her efforts to restrain the defendant has not yielded any positive

results as the defendant claims that females are not entitled to inheritance according to

custom.

The plaintiff stated that she caused the conduct of the defendant to be reported to the

police in Dzodze but the matter could not be resolved hence her decision to seek redress

with the court.

THE CASE OF DEFENDANT

In his defence filed on 18th June, 2021 the defendant admitted that the land was founded

by their great grandfather Torgbui Adzenu and that their father Kobby inherited same

by way of inheritance.

The Defendant stated that, the portion of the land in dispute does not form part of their

father’s land because that portion was given to the Catholic Church for which reason their

father after building left that portion vacant.

The defendant admitted the claim by the plaintiff that she was gifted a portion