EDWARD OFFEI-BEKOE vs. ALHAJI ASUMA DEBA & ALHAJI TAOFEEK SULLEY

RULING I have been tasked by the parties to give a Ruling pursuant to the filing of the Written Submissions by both Counsel. I must confess that I find the dutyentrusted to me a difficult one, basically because of my limited information of the antecedents of the case, but I will do my best in the circumstances with the little knowledge I have gathered from the submissions and record. Reading the submissions filed, it seems to me that the 1st Defendant moved the Court to dismiss the instant action for being frivolous and an abuse of the Court process. While the 1st Defendant/Applicant claims that he had a Judgment in a previous suit which land is not different from the subject matter land, the Plaintiff asserts that the land in the said judgment is separate and distinct from his land. This made the Court, differently constituted, to order for a superimposition and the drawing up of a Composite Plan, which was done. Although the Surveyor appeared in Court to be cross – examined,.....