HLORTATOR DADOTO DEKPE (SUING ON BEHALF OF DEKPE FAMILY OF AGORKPO) V. SOLOMON HODANU & ANOR

BUADI J.

1 Background

This is a civil appeal from the decision of the District Court Dabala that was delivered in favour of the plaintiff on 28 February 2013. The brief facts of the suit, indeed, the case of the plaintiff, the respondent in this appeal are that on 15 July 2010, the plaintiff, acting for the Dekpe Family of Agorkpo issued a writ at the District Court, Dabala for “[d]eclaration of [t]itle to all that piece or parcel of farmland situate, lying and being at Fievie property of TOGBE KWABLA DEKPE …., [g]eneral damages for … trespassing, recovery of possession, [p]erpetual injunction … and punitive costs”. (emphasis added)

At the first appearance in court on 27 July 2010, the defendants, appellants herein denied the plaintiff’s claims. The trial court ordered parties to file their pleadings. Since the plaintiff had already filed his statement of claim, the court directed defendants to file their statement of defense, which they complied with; filing not just a statement of defe…