AHORGBA AGBODEKA, YAOTSE AGBODEKA, EHI AGBODEKA AND KOETEY AGBODEKA, ALL OF WUDOABA-DETSIME
HUNUA DAGLOHU APEDO, ALL OF WUDOABA-DETSIME
The salient facts of this case on appeal are as follows: The plaintiffs /respondents [hereinafter simply referred to as the respondents] took out a writ of summons at the High Court, Denu, claiming against the defendant/appellant for declaration of ownership of a piece of land situate at Wudoabe-Dotsime and general damages for trespass. The case of the respondents' as averred in their statement of claim was that the land in dispute which was in their possession had been gifted to their grandfather Agbodeka by Togbui Aglor, the grandfather of the defendant/appellants [hereinafter referred to as the appellant]. The respondents' also pleaded a judgment rendered in favour of their grandfather by the Native Court of Togbui Fiti III on 25th January 1946.
The appellant filed a statement of defence denying any gift of the land in dispute, or that Torgui Aglor ever owned any land at Wudoabe. He asserted that the respondents' ancestor was a fugitive who was given shelter by his grandf…