TORGBUI DZOKUI II vs. ATISE ADZAMLI AND OTHERS [2015]DLSC3037

Date	2015-12-09
Suit No.	CIVIL APPEAL NO. J4/36/2015
Citation No.	[2015]DLSC3037

ATUGUBA JSC PRESIDING

DOTSE JSC

YEBOAH JSC

BENIN JSC

AKAMBA JSC

DR. JOE ATTIPOE ESQ. FOR THE PLAINTIFF/RESPONDENT/APPELLANT.

S. M. DZIKUNU ESQ. FOR THE DEFENDANTS/APPELLANTS/ RESPONDENTS AND CO-DEFENDANT/APPELLANT/ RESPONDENT.

[2015]DLSC3037
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													<main id="main" class="content" style="min-height: 60rem" >TORGBUI
DZOKUI II<o:p></o:p>vs. 
ATISE ADZAMLI AND OTHERS<o:p></o:p>[SUPREME COURT, ACCRA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

CIVIL APPEAL NO. J4/36/2015&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
DATE: 9TH DECEMBER, 2015<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <o:p></o:p>DR.
JOE ATTIPOE ESQ. FOR THE PLAINTIFF/RESPONDENT/APPELLANT.<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

&nbsp;S.&nbsp; M.&nbsp;
DZIKUNU ESQ. FOR THE DEFENDANTS/APPELLANTS/ RESPONDENTS AND
CO-DEFENDANT/APPELLANT/ RESPONDENT.<o:p></o:p>

</div>CORAM:
<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

ATUGUBA JSC PRESIDING, DOTSE JSC, YEBOAH JSC,
BENIN JSC, AND AKAMBA JSC<o:p></o:p>

</div><o:p>&nbsp;</o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

JUDGEMENT<o:p></o:p>

</div>DOTSE JSC:-<o:p></o:p>&nbsp;The Plaintiff/ Respondent/ Appellant
(hereinafter Plaintiff) sued the Defendants/Appellants/Respondents (hereinafter
Defendants) for a declaration of title to all that piece or parcel of&nbsp;
land situate, lying and being at Zuta and is bounded on the one side by the
property of the Agorve People; on the second side by the property of the Agorta
People; on the third side by the property of the Plaintiff Family and on the
last side by the property of the Korba Family, damages for trespass, recovery
of possession and Perpetual injunction. The writ was filed on the 27th of May,
1992. <o:p></o:p>It
is the Plaintiff's case that the Defendants' forebears were granted a license
to live and farm on the land in dispute and they abided by this arrangement
till recent times when the Plaintiff’s Awasiapedo Tsita Clan realised that the
Defendants had assumed the role of owners of the land and were selling parcels
of it. The Defendants were confronted about this turn of affairs, they
apologised and admitted they had erred and asked for forgiveness. <o:p></o:p>Consequently,
the Plaintiff and other principal members of the Family decided to take action
to secure the remaining land, which action was by the issuance of a writ in the
Circuit Court at Sogakope in the joint names of the Plaintiff and Regent Kwawu
Adzovor III. Having been improperly influenced by consideration, Kwao Adzovor
III filed a motion in the Circuit Court, Sogakope, dissociating himself from
the suit. The Plaintiff was therefore compelled to discontinue the matter in
Sogakope and file the writ in the High Court in Ho.<o:p></o:p>In
a statement of defence filed on the 11th of June 1992, the Defendants denied
all the averments of the Plaintiff. They challenged the capacity of the
Plaintiff to institute the action against them as he was not a paternal member
of the Tsita Clan of Korve, neither were there joint Heads of the Tsita clan.
The recognised and sole Head of the clan is Torgbui Kwao Adzovor IV of Korve.
It was the Defendants claim that a large tract of land was founded by their
ancestor Kwao Adzovor I and a portion of it was gifted to their grandmother,
Dzashiyor Agbeve over 400 years ago. Dzashiyor they pleaded was a grand daughter
of the founder of the land, Togbui Kwao Adzovor.<o:p></o:p>They
described themselves as the fourth generation owners of the land by inheritance
and had been in undisturbed possession till date. They denied that they had
ever paid tolls or tributes to the Plaintiff's alleged family and the lands
they sold were their bonafide property to do with as they wished. Their claim
again, was that the land in dispute is called Dashiyor land whose borders they
gave as bounded on one side by Akatsi Anyidzime peoples land, on the second
side by Agbedrafor and Agove peoples land, on the third side by Agorta peoples
land and on the fourth side by Dzokui's land. Defendants then counter claimed
for a declaration of title to the land as described above, Recovery of
possession, C5,000,000 general damages for unlawful trespass and perpetual
injunction restraining the Plaintiff, his agents, servants, workmen, privies
and assigns from committing any further acts of unlawful trespass to the
Defendants land and or challenging their title to the said Dzashiyor gifted
land.<o:p></o:p>The
Co-Defendant on the 5th of June, 1992 filed an application to join the suit.
This application was granted and he was joined to the suit. 
Co-Defendant also denied that Plaintiff was a joint Head of Family and asserted
that the Defendant's land was gifted to their grandmother Dzashiyor. He further
pleaded that the Plaintiff was a stranger from Anyieveme and his father Sodzi
Bluawodzo Agbozo was a member of the Letsofeawo clan. He was also gifted Tsita
clan land sharing a common boundary with the Defendants and given further lands
at Korve without objection from any person. He therefore counterclaimed for a
declaration that:<o:p></o:p>a. &nbsp;&nbsp;&nbsp;&nbsp; The
Co Defendant is the current and sole Head of the Tsita Clan of Akporkploeme
Zuta in Avenor.<o:p></o:p>b. &nbsp;&</main>