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JUDGMENT
Ackaah-Boafo, JA
VERSUS
i. Overview :
[1] The issues on appeal arise out of an action instituted at the High Court, Ho for declaratory and injunctive orders, recovery of possession and damages for trespass to lands identified as Sende, Gbade and Dornyi which was dismissed by the court. The parties involved in the suit live in the Volta Region town of Kpenoe. While the Plaintiffs claim they are members of the Agadzi clan and the descendants of a great ancestor and forefather called Togbe Letsu, who they claim solely founded all the lands at the centre of this litigation, the Defendants contend they belong to the Asiale clan of Kpenoe and deny the Plaintiffs root of title. The pleadings speak of a historical story of the Plaintiffs ' ' ancestors who at one time lacked a suitable male to inherit Togbe Letsu and therefore had a member of the Defendants' Asiale clan installed as a Togbe. Stripped to its bare essentials, the litigation relates to ownership of the lands in the areas mentioned above, all in Kpenoe and nothing else.
[2] The suit is by any standards extraordinary litigation, because the Defendants in their defence filed, mainly either denied the Plaintiffs claims or stated that they were not ' in the position to 'deny' or 'admit' without more. It is also extraordinary because in the course of the trial, the 2nd Defendant chose to speak for himself rather than be bound by the Defendants' legal strategy , and in doing so gave a testimony, which to all intents and purposes, confirmed the Plaintiffs' case.
[3] It is noted that the Amended Writ of Summons which has resulted in this appeal was filed on May 22, 2015 with the following reliefs;
A. Declaration of title to the Sende, Gbade and Donyi lands, all situate and being at Kpenoe and particularly bounded as follows at paragraphs 11 (Sende), 13 (Gbade 1), 16 (Gbade 2) and 17 (Donyi) of the statement of claim.
B. General and Special Damages for trespass.
C. Recovery of possession.
D. Perpetual Injunction restraining the Defendants, their assigns, privies, workmen, agents, servants and anybody claiming title through them from having anything to do with the lands in dispute whatsoever.
E. Declaration that the Asiale Clan held portion of the Sende land in trust for the Agadzi Clan when Togbe Kotoku assumed the Chieftaincy after installation by Agadzi Clan, but has since trespassed beyond same.
The court below after the trial, dismissed all of the claims and awarded costs against the Plaint