PARIN NAA FUSEINI ABUBAKAR vs. NHADAT ISLAMIC SCHOOL AND THE PROPRIETOR

DENNIS ADJEI, J.A.: I have the privilege of reading beforehand the judgment of my respected sister Ackah-Yensu, J.A and I agree with her. However, I would like to express a brief opinion on my own particularly on the issues of Limitation, bona fide purchaser of the legal estate without notice and the alleged contradiction in the evidence of the plaintiff’s witnesses. The ground 6 of the appeal is that the learned trial Judge erred in finding that the plaintiff’s case was not caught by limitation in spite of Defendants’ long constructive possession of over 20 years and notice of its title in the records of the Lands Commission. The defendants filed 10 paragraph statement of defence but did not plead limitation. Order 11 Rule 12 of the High Court (Civil Procedure) rules C.I. 47 require any person raising points of law such as duress, fraud and limitation to plead and give particulars. Rule 12(1) provides as follows: “12.(1)Subject to subrule (2), every pleading shall contai...