TOGBE AHOTOR MAKAKU AND 2 OTHERS vs. KOFITSU ASEM AND DOGBATSE

ACQUAYE, J. A. This is the judgment in respect of an appeal filed on 22nd April 2010 against a judgment delivered by the Circuit Court sitting at Ho dated 9th July 2008 In their writ of summons the plaintiffs claimed against the defendants jointly and severally: 1. General damages for trespass unto all that piece or parcel of land situate, lying and being at Kpetoe known as Gangakpo bounded on one side by the Ho-Denu Road, on another side by River Kpetoe, on another side by the properties of Matti Gboya and Dappah families of Kpetoe and on the last side by the plaintiff's land. 2. Perpetual injunction restraining the ist defendant from selling or otherwise interfering with the said land and the 2nd defendant from continuing the building operations now going on by himself, his principal, workmen, servants, labourers etc pending the final determination of the suit. In their further amended statement of claim and evidence the plaintiffs stated that they are the head and prin...