RAPHAEL KLUVI KPASRA vs. MICHAEL A. FIHO AND MEDZAGOR AGBENYEGAH

ACQUAYE, J. A. The plaintiffs/respondents issued a writ of summons claiming against the defendant/appellant: (a) Declaration of title to a parcel of land situate at Aflao-Avenu in the Ketu South District of the Volta Region the boundaries of which were described. (b) Recovery of possession (c) General damages (d) Perpetual injunction restraining the defendant, his servants, agents, workmen, assigns and all those claiming through him from entering or dealing with the said land. It was the plaintiffs’ case that the land was originally acquired by one Kotoku who was inherited by Kotoku Sodzi followed by his daughter Madam Ahorlushie Kotoku Sodzi. The 2nd plaintiff testified that Madam Ahorlushie Kotoku Sodzi sold the land to the plaintiffs and issued a receipt dated 6th September, 1972 to them. The receipt was witnessed by Apedo Kodzo, Sowornude Kotoku, Masari Huser and Mawuli Kodzo all of whom are dead save the first one. The plaintiffs claimed that Mr. Kodzo Holor Kpasra .....