TOGBE AKOTO AGLORBONI II V. JOHANNES KORBLA AZASIME AND 3 ORS

JUDGMENT

DR. ERNEST OWUSU-DAPAA JA:

1. INTRODUCTION

1. My Lords, this is an appeal from the judgment of the High Court, Sogakope, delivered on 17th December 2021. By that judgment, the learned trial judge entered judgment for the Plaintiff, now Respondent, declared title to the land known as Alesikpekpo in his favour, dismissed the Defendants’ counterclaim in its entirety, granted injunctive reliefs, ordered recovery of possession of unoccupied portions of the land, and awarded costs against the Defendants. The Defendants, being dissatisfied with the whole judgment, have appealed to this Court.

2. The dispute between the parties concerns land situate at Alesikpe, also referred to as Alesikpekpo, within the Agave Traditional Area. The Respondent’s case at trial was that the land forms part of the Anyigbe Yie (Agbofeme) clan lands and that the Appellants’ predecessors entered upon it as tenant farmers under a customary landlord–tenant relationship. The Appellants, on the other hand, contended t…