TOGBE TSATSU AGBE V (SUING PER HIS REGENT WISDOM MAWULOM DZUBEY SUING FOR AND ON BEHALF OF THE TSATSU AGBE STOOL) V. REAGAN ANKUTAKPUI & 3 ORS

RULING ON APPLICATION TO SET ASIDE PLAINTIFF’S WRIT OF SUMMONS

This ruling is in respect of an application by the defendants in this suit praying the court to set aside and dismiss the plaintiff’s writ of summons. Essentially, the application seeks to question the plaintiff’s capacity to commence the suit by which the plaintiff describes and styles himself as Togbe Tatsu Agbe V, chief of Awate Dzigba and occupant of the Tsatsu Agbe Stool. This is because the defendant, the applicant herein claims that he is the occupant of the Tsatsu Agbe Stool and thus the chief of Awate Dzigba questioning, therefore, the plaintiff’s status and capacity to commence the present suit. 

Indeed, on 10 May 2021 the plaintiff commenced this suit by writ of summons against the defendants for the following reliefs: 

a. A declaration that the land on which the 1st Defendant is currently constructing a house at Awate Dzigba is the property of the Tsatsu Agbe Stool

b. A declaration that the 1st Defendant’s act of d…