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TOGBE AKPAO II (SUBSTITUTED BY VICTOR F ELLEBU) & 5 ORS V. FRANCIS KOFI ASASE & 4 ORS

(2020) JELR 111031 (HC)

High Court  •  SUIT NO. E1/24/2006  •  15 Dec 2020  •  Ghana

Coram
GEORGE BUADI J.

Appearances
Nelson M Kporha, with Benedict Kofitse Esq. for the Plaintiffs; No lawyer for defendants since the withdrawal of KK Dzanku Esq.

Judgement

Background

In furtherance of the order of the Court dated 19 November 2018, the plaintiffs on 30 November 2018, amended the writ of summons and statement of claim they filed on 7 March 2006. They seek the following relief against the defendants:

i Damages for trespass to Loboli Land.

ii A declaration of title to the said Loboli land.

iii Nullification of any and all parcels of land sold or leased or however dealt with by the defendants.

iv Recovery of vacant possession of the parcels so wrongfully dealt with by the defendants.

v An order of perpetual injunction restraining the defendants, their children/heirs and or any member of the Asase family from dealing with the Loboli lands.

2.0 Statements of case of the Parties.

2.1 Plaintiffs’ case

The plaintiffs are members of the Akpao Wusu clan, a resident indigenous group of Ho-Dome. 1st plaintiff is the head of the Clan, whilst the other plaintiffs are members of the Clan. They bring this action for and on behalf of the said Clan. The defendants…

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