AIKINS vs. KOMMENDA

(His lordship stated the history of the matter, and continued:—) The question which arose for determination in the trial-Court, and which now arises in this appeal, was whether the plaintiff by the evidence which he adduced before the trial-Court, was able to discharge the onus which undoubtedly lay on him of affirmatively establishing the alleged purchase from the defendant’s father. The defendant’s affidavit of opposition gave clear enough indication to the plaintiff that the defendant was raising (a) the question of the authenticity or genuineness of the Deed of Conveyance relied on by him, with particular reference to the identity of the “Amadu” described as vendor therein; (b) the question whether his brother in his lifetime ever, by any conduct on his part, claimed title to the plot in dispute; and (c) the question whether, in any event, he had not acquiesced in the defendant’s adverse occupation for so long, and in such circumstances, as to preclude him from no...