AGBALE AND OTHERS vs. AKOGO AND OTHER

JUDGMENT OF PREMPEH J. This is an appeal from the judgment of the Wheta/Afife/Klikor Native Court “B” delivered on the 10th October, 1958 in favour of the defendants-respondents herein. By their amended claim, the plaintiffs-appellants claimed against the respondents a declaration of title to the land commonly called Agbadomi land the boundaries of which are therein set out. They also claimed damages for trespass and an order to eject the respondents from the land and for a perpetual injunction. The respondents also counterclaimed against the appellants for declaration of title to and recovery of possession of the said land which according to them is known as Djove land, the southern boundary of which varied from that described by the appellants. The issue raised before the trial court was whether the land, the subject-matter of the dispute belonged to the appellants or to the respondents. A mass of traditional evidence was led by both parties and after having...