JUDGMENT
In this suit, which the Plaintiff in his capacity as the Mantse of Asofan, has initiated on his own behalf and on behalf of the Nii Abetia Family of Asofan, the 2nd and 3rd Defendants have challenged the capacity of the Plaintiff to institute this action on the basis that the land for which they have been sued is a government land but not family land.
In paragraphs 5,6,7 and 8 of the 2nd and 3rd Defendants defence, it was pleaded as follows:
5. In answer to paragraph 5 of the statement of claim, the 2nd and 3rd Defendants state that a search conducted at Lands Commission in respect of the 3rd Defendant site Plan reveals that the piece or parcel of land situate at Asofa is State Land acquired under an Executive Instrument dated 12/5/1978 and the said Executive Instrument has not been revoked.
6. In further answer to paragraph 5 of the statement of claim, the 2nd and 3rd Defendants state that in view of the search results, from Lands Commission, the Plaintiff cannot …