ELIZABETH PARKER. v. ODARTEY alias DAVIS AND ANOTHER

In this action the Plaintiff claims recovery of possession of certain lands and buildings being property purchased by the plaintiff under a deed of conveyance.

It appears that the land in question was sold by Native Custom either to the plaintiff or to her husband Kojo Amma by Ohene Kwadjoe, he says 6 1/2 years ago, while the plaintiff says the Defendant built 8 1/2 years ago on the lands she had bought which would put the purchase further back.

In this case all the documents dealing with this land appear to be lostThe plaintiff relies on a conveyance which she obtained from Ohene Kwadjo long after the Ohene had parted with all his interest in the land-While the Defendant has got a conveyance for a portion of this land as late as September 1911-I have therefore to decide this case on the evidence, which is of the most conflicting character, it is quite clear that the plaintiff cannot succeed under the conveyance of the 21st September 1909, as at that date Ohene Kwadjo had no interest to convey, but Mr. Papafio claims that the wording of the writ does not preclude him proving title further back.

The plaintiff's story is that she and her husband went to Ohene Kwadjo and arranged about buying the land in question, that a fortnight after was fixed for cutting the boundaries, that she sent Yaw Ahia, Kofi Appiah, Kwamin Darpah, and Kojo Amma, and instructed Kofi Appiah to bargain for the land, that she paid certain sums of money for rum etc., that when the Guaha was cut Yaw Ahia brought it to her, that three months after she and her husband went on the lands.

She has called Ohene Kwadjo, who swears that he did not sell the land to Kojo Amma, that at the end of the two weeks both plaintiff and her husband came, and not the husband without her, that when they returned for the bargain it was Yaw Ahia who bargained not Kojo Appiah, that it was not Yaw Ahia who cut the Guaha but his son, that he sold the land 6 1/2 years ago not over 8 1/2 years ago.

She has also called George Kuranchi, Kojo Amma's brother to prove that Kojo Amma had stated that the land was plaintiff's.

Joseph Abloh Mills who held a meeting and decided against Kojo Amma's claim.

Emanuel Martin Darto who explained Exhibit " C" and William Joseph Crabbe who proved that the plaintiff signed a conveyance of these lands from Kojo Amma to Davis.

It would appear that about 1907 Davis sued Kojo Amma for debt and recovered judgment, that under this judgment part of these lands were taken in execution