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PAPAFIO V. SAM

(1960) JELR 68562 (HC)

High Court  •  27 May 1960  •  Ghana

Coram
OLLENNU J.

Judgement

JUDGMENT

OLLENNU J.

(His Lordship referred to the issues raised and continued):

I observe from the pleadings of both parties that they each rely upon the same root of title, namely the Odoi Kwao family of Osu, that is to say, both parties admit or contend that the proper authority who can validly confer right of ownership, possession and occupation of the portion of land in dispute is the Odoi Kwao family.

Secondly in his statement of defence, the defendant admits the claim or averment of the plaintiff that a piece of land in the area has been conveyed to him by the said Nii Odoi Kwao family. I say this because although in paragraphs 2 and 3 the defendant pleaded that he was not in a position to admit or deny the plaintiff’s said averment, yet in paragraph I of the statement of defence, he has pleaded a follows: “The defendant will further aver that as far as the plaintiff’s eastern boundary is affected, the same has been demarcated by a cement wall placed on the land of the plaintiff,” m…

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