CHRISTOPHER DZAH vs. JOSHUA KODZO AGBO AND 3 OTHERS [2016]DLHC3997

Date	2016-06-21
Suit No.	SUIT NO. E1/39/2014.
Citation No.	[2016]DLHC3997

JUSTICE IMORU ZIBLIM HIGH COURT 3 JUDGE

MR. GODWIN KPOBLE FOR THE PLAINTIFF/APPLICANT.

MR. S.M.K. DZIKUNU FOR THE DEFENDANTS/RESPONDENTS.

[2016]DLHC3997
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													<main id="main" class="content" style="min-height: 60rem" ><span style="font-size:12.0pt;line-height:
115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;mso-fareast-font-family:&quot;Times New Roman&quot;;
mso-bidi-font-family:&quot;Times New Roman&quot;;color:#00B0F0">CHRISTOPHER DZAH<o:p></o:p><span style="font-size:12.0pt;line-height:
115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;mso-fareast-font-family:&quot;Times New Roman&quot;;
mso-bidi-font-family:&quot;Times New Roman&quot;;color:#00B0F0">vs.<o:p></o:p><span style="font-size:12.0pt;line-height:
115%;font-family:&quot;Book Antiqua&quot;,&quot;serif&quot;;mso-fareast-font-family:&quot;Times New Roman&quot;;
mso-bidi-font-family:&quot;Times New Roman&quot;;color:#00B0F0">JOSHUA KODZO AGBO AND 3
OTHERS<o:p></o:p>[HIGH COURT, HO]<o:p></o:p>SUIT
NO. E1/39/2014.&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; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; 21ST
JUNE, 2016<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:31.0pt 31.0pt 1.0pt 31.0pt;mso-border-shadow:yes">

<o:p>&nbsp;</o:p>

</div>COUNSEL:<o:p></o:p>MR.
GODWIN KPOBLE FOR THE PLAINTIFF/APPLICANT. <o:p></o:p>MR.
S.M.K. DZIKUNU FOR THE DEFENDANTS/RESPONDENTS.
<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 31.0pt 1.0pt 31.0pt">

<o:p>&nbsp;</o:p>

</div>CORAM:<o:p></o:p>JUSTICE
IMORU ZIBLIM HIGH COURT 3 JUDGE <o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 31.0pt 1.0pt 31.0pt">

</div>On
the 17th March, 2014 the Plaintiff
who calls himself a principal member of the defendants clan sued the defendants
herein for several reliefs. Indeed the reliefs are seven (7) but the most
germane to the discussion of this Motion for Injunction is only the following:
<o:p></o:p>“Declaration that the
defendants can only deal with the clan's lands with the full concurrence of all
its principal members and head and not only a few of them." <o:p></o:p><o:p>&nbsp;</o:p>In
his statement of claim, the plaintiff averred, that as a principal member of
the Gazi Clan, he has its interest at heart, its progress for that matter and
as a principal member, institutes the instant suit to protect its interest and
ensure accountability. That the headship of the Gazi Clan rotates among the
families and currently the 2nd defendant is the head. That the children of the
members, by practice and convention, since time immemorial, continue to farm
portions their fathers farmed on before. That the defendants have however
disturbed this time tested convention and practice by indiscriminately
disposing of lands being used, occupied and possessed by members of the clan
aside those not occupied. The plaintiff averred also that the defendants have
been talked to severally to stop their acts but to no avail. The plaintiff
further said that the defendants have disposed of lands and continue to do so
despite several persistent or consistent pleas by the members not to do so.
Finally, the plaintiff, in his statement of claim, deposed to the fact that the
defendants, despite the sales have refused to account to members of the clan
despite several demands. <o:p></o:p><o:p>&nbsp;</o:p>So
these have been the concerns of the plaintiff when he issued the Writ and
tacked same with his Motion for an interim injunction. The plaintiff says that
he is suing as a principal member of his family. Actually he has sued the
principal members of his family including the second defendant who is the head
of the Gazi Clan. The question is whether the plaintiff has locus standi in
this matter to sue and for that matter to apply for an interim injunction. It
can be seen from the Writ that the plaintiff is suing as a principal member of
the Gazi Clan. He has also sued other members. The members sued are also
principal members of the Gazi Clan. Indeed the clan that the plaintiff belongs
to. And, the 2nd defendant Togbe Agbo III is the head of the Gazi Clan. And so,
even though the principle is that; if the plainti</main>