TOGBE LUGU AWADALI IV v. GLORYLAND ESTATE TORGUI ABORDOR VII

ASIEDU JSC:-

Introduction:

My Lords, this appeal is against the judgment of the Court of Appeal, sitting at Ho, in the Volta Region, delivered on the 8th day of July 2022. In the said judgment, the Court of Appeal set aside the judgment of the High Court sitting at Sogakope, in the Volta Region which was entered, on the 19th day

of February 2021, in favour of the 2nd Defendant/Respondent/Appellant (hereafter referred to as the Defendant/Appellant) against the Plaintiff/Appellant/Respondent (who will also be referred to as the Plaintiff/Respondent).

Facts:

The facts of this case are that the 2nd Defendant granted to the 1st Defendant, an Estate Developing Company, a parcel of land situate, lying and being at Dabala junction particularly, between Dabala junction and Dabala township directly opposite the Star Oil Filling Station at Dabala junction. The Plaintiff is the Head and Lawful Representative of the Anyigbe Clan of Agave and also the Head of the Awadali Family. The Plaintiff claims that the land in question forms part of the larger land belonging to the Anyigbe Clan and that he, being the Head and Lawful Representative of the Anyigbe Clan as well as the Head of the Awadali Family, is the only authority that can alienate parcels of land belonging to the Anyigbe Clan. The Plaintiff therefore, by an amended writ of summons, claims against the Defendants:

(1) Declaration of title to ALL THAT PARCEL OR PIECE of land situate, lying and being between Dabala Junction and Township and opposite the Star Oil Filling Station directly, which is the subject matter of this suit and which forms part of the larger tract of lands Declared by the Supreme Court of the Gold Coast Colony in the suit titled CHIEF DOH & CHIEF ADOGO VRS AFIANU, AGBLEDJORWU & AHIAKU as Anyigbe Clan lands, bounded

on one side by Tsila Clan lands, on the second side by Sevie lands, on the third side by Avenor lands, on the fourth side Mafi lands, on the fifth side by Fieve lands and on the sixth side by the Volta River and also adjudged by the Tongu District Native Appeal Court, Sogakope on the 29th November, 1957 in the suit titled HONU ADIGBLI & ANOTHER VRS AVAFIA AVUSU II & ANOR as alienable by the Awadali Family of Agave of which the Plaintiff herein is the Head and Lawful Representative.

(2) An order for the recovery of possession of the land in dispute. (3) General Damages for Trespass.

(4) An order of Perpetual Injunction restraining the 1st Defendants, herein by themselves, their