RAPHAEL KLUVI KPASRA vs. MICHAEL A. FIHO AND MEDZAGOR AGBENYEGAH [2018]DLCA5016

Date	2018-06-26
Suit No.	SUIT NO. H1/01/2018
Citation No.	[2018]DLCA5016

K. A. ACQUAYE J.A. (PRESIDING)

K. S. GYAN J.A.

M. M. AGYEMANG (MRS) J.A.

MR. PROSPER YAO NTOW FOR THE DEFENDANT/APPELLANT

MR. S.M.K. DZIKUNU ESQ FOR THE PLAINTIFFS/RESPONDENTS

[2018]DLCA5016
																																						<div class="restriction-wrapper">
														<div class="container-lg">
															<div class="row">
																<div class="col-md-12 restricted-content">
																	<div class="restricted-content-img-wrapper">
																		<div class="lock-icon bounce-7">
																			<img class=""
																				src="https://www.dennislawgh.com/dl-assets/dl-images/lock-content.png"
																				alt="Subscription based content">
																		</div>
																	</div>
																	 
																		<a href="https://www.dennislawgh.com/login"
																		class="btn btn-primary btn-lg"
																		style="font-family: 'open sans'; text-transform: capitalize; border-radius: 8px"> 
																		Login to Read Full Case </a>
																	 
																	
																</div>
															</div>
														</div>
													</div>
													<main id="main" class="content" style="min-height: 60rem" >RAPHAEL KLUVI KPASRA<o:p></o:p>(DEFENDANT/APPELLANT)<o:p></o:p>vs.<o:p></o:p>MICHAEL A. FIHO AND MEDZAGOR AGBENYEGAH<o:p></o:p>(PLAINTIFFS/RESPONDENTS)<o:p></o:p>[COURT
OF APPEAL, HO]<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">

SUIT NO. H1/01/2018&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; DATE:
26TH JUNE, 2018 <o:p></o:p>

</div>COUNSEL:<o:p></o:p>MR. PROSPER YAO NTOW FOR THE
DEFENDANT/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">

</div>CORAM:<o:p></o:p>K. A. ACQUAYE J.A. (PRESIDING), K. S. GYAN J.A., M.
M. AGYEMANG (MRS) J.A.<o:p></o:p><div style="mso-element:para-border-div;border-top:solid windowtext 1.5pt;
border-left:none;border-bottom:solid windowtext 1.5pt;border-right:none;
padding:1.0pt 0in 1.0pt 0in">

<p class="MsoNormal" align="center" style="margin-bottom:0in;margin-bottom:.0001pt;
text-align:center;border:none;mso-border-top-alt:solid windowtext 1.5pt;
mso-border-bottom-alt:solid windowtext 1.5pt;padding:0in;mso-padding-alt:1.0pt 0in 1.0pt 0in">JUDGMENT<o:p></o:p>

</div>ACQUAYE,
J. A. <o:p></o:p>The plaintiffs/respondents issued a writ of summons
claiming against the defendant/appellant: <o:p></o:p>(a)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
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.<o:p></o:p>(b)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
Recovery of possession<o:p></o:p>(c)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
General damages<o:p></o:p>(d)&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
Perpetual injunction restraining the
defendant, his servants, agents, workmen, assigns and all those claiming
through him from entering or dealing with the said land.<o:p></o:p>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.&nbsp; 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.&nbsp;&nbsp;&nbsp; The receipt was witnessed by
Apedo Kodzo, Sowornude Kotoku, Masari Huser and Mawuli Kodzo all of whom are
dead save the first one.&nbsp; The plaintiffs
claimed that Mr. Kodzo Holor Kpasra the father of the defendant who was a
brother of Kotoku Sodzi knew the land did not belong to him so when he was distributing
his properties between the two sets of his children he did not include this
property.&nbsp; The 2nd plaintiff
testified that the defendant trespassed and planted coconut seedlings on the
land.&nbsp; A complaint was lodged before
Mensavi Housor who warned the defendant not to trespass onto the land.&nbsp; The 2nd plaintiff testified that
they erected corner pillars on the land but the defendant removed them and when
he was reported to the police the defendant went to replace the corner
pillars.&nbsp; The 2nd plaintiff
testified that they ploughed the land but the defendant and his children went
and planted crops on the land.&nbsp; Under
cross-examination, the 2nd plaintiff said they bought the land about
42 years ago when the defendant’s father was alive but it is only the defendant
who has been laying adverse claim to the land.<o:p></o:p>The
defendants defence was that the land, situated behind the Diamond Cement at a
place called Agbawoeme was founded by his great grandfather called Ayisi and
that the land was gifted to his mother by his grandfather Kpasra.&nbsp; The defendant said he and his father had been
farming on the land since his infancy and that he has cultivated coconut,
mango, apple and iroko trees on the land without any challenge from
anybody.&nbsp; The defendant testified that he
had been farming on the land for about 50 years until recently when he realized
that someone had destroyed his fence, cut and burnt some of his economic trees
and that his investigations led to the 1st<</main>