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…The affidavit of the applicant in support of the former originating summons showed that the applicant there as in the instant originating summons, based his claim on adverse possession.…

…The issue of whether possession “since 5.7.1976” (as he says in paragraph 6 of his present affidavit) was adverse possession, was not, and could not be before Mr Justice Joseph Butler – Sloss in the 1979 case.…