KPAKPLA vs. KOFIKPOE

JUDGMENT OF JIAGGE J. The plaintiffs’ claim is for a declaration of title to land, recovery of possession, and perpetual injunction. The action was taken against seven defendants. In their statement of claim, the plaintiffs averred that they were sisters and that their mother Susanah Akosua Kodzo who died in 1963 purchased the land in dispute and made Togbe Deble, the first defendant, her caretaker of Lave, the land in dispute. The fourth defendant filed a defence stating that the owner of the property in dispute was the late Susanah Akosua Kodzo and he the fourth defendant was neither her successor nor could he inherit the property and that he laid no claim to the said property. The plaintiffs later withdrew their claim against the first six defendants leaving the seventh defendant, Felix Kofikpoe, as the only defendant. The defendant, Felix Kofikpoe, in his statement of defence averred that he was a nephew to the plaintiffs and that his mother was the plaintiffs’ eldest si...