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JUDGMENT
INTRODUCTION/BACKGROUND:
Per a Writ of Summons and Statement of Claim filed on the 29th of April, 2019 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 Kuli and bounded as follows;
i. On one side by the property of Ashitor Dewortor
ii. On one side by the property of Afatsawo Dewortor
iii. On one side by the property of Xedagbui and
iv. On the last side by the Kuli-Dzogbefime road.
b. Perpetual injunction restraining the defendants, their agents, workmen, servants, assigns and
privies from entering the disputed land.
c. General damages for trespass
d. Costs
CASE OF THE PLAINTIFFS
The plaintiffs assert that they inherited the disputed land from their father Eklu
Dewortor.
The plaintiffs assert that from the time of their inheritance, they have been in possession
of the land in dispute without any controversy until recently when the defendants
trespassed on to the land claiming ownership of same.
The plaintiffs stated further that the defendants have started building on the disputed
land and that all efforts made to restrain them have proved futile. Hence this action.
THE CASE OF DEFENDANTS
By an affidavit in opposition filed by the 1st defendant for herself and on behalf of the 2nd
defendant on 7th May, 2019, the 1st defendant stated that, over thirty- seven (37) years ago
her father, Vivordi Dewortor and Uncle, Ashittor Dewortor granted part of their
inherited land to her which shares boundary with each other for development.
The 1
st defendant stated that her father assisted her to construct a mud house on the land
by way of possession.
The defendants stated that, the 1st defendant later commenced the building of three single
rooms on the land out of which two rooms were completed and the defendants have been
living there with their children for over fifteen (15) years without any hindrance.
The defendants stated that the land inherited by the plaintiffs from their father Eklu
Dewortor is the one on which their father established his shrine for the Zove deity which
is different from their own.
The defendants stated that, the 1st defendant’s father, Vivordi Derwortor’s remaining
lands were shared among his children and thereafter, her siblings Xede Dewortor and
Kodzo Dewortor sold their portions to people who have since erected corner pillars on
same.
The defendants stated that the plainti