EMMANUEL ATO PAINTSIL V. EDWARD OTOO

JUDGMENT

The tribal issues set down for trial at the application for directions stage are: 

1. Whether or not the land the subject matter in dispute forms part of the estate of the  Defendant’s deceased father. 

2. Whether or not the disputed land forms part of the estate of the Plaintiff’s deceased  father. 

3. Whether or not the Defendant procured the Land Certificate No. GA 1035 Vol. 3  Folio 273 fraudulently. 

4. Whether or not the Plaintiff is entitled to his claim. 

5. Whether or not the Defendant is entitled to his counterclaim. 

The facts of this case as averred by the Plaintiff per his pleadings are:

That the Plaintiff brings this action as the Administrator as well as a beneficiary of the  estate of the late SAMUEL PAINTSIL (the deceased); who in his life time was doing  business under the name and style ‘Penworth Preparatory School”. 

And that upon the death of the deceased, the Plaintiff took out letters of administration  from the High Court of Justice, Accra, on 25th November, …