AKUA AWURA & ANOTHER v. FLORENCE MANOME & ANOTHER

A.M. DORDZIE, J.A.

FACTS:

The appellant herein is the leader and prophetess of Asomdwe ne Bohye Asaase, a church or prayer camp situate at Ashongman. By virtue of land certificate N0 AR/4095A/99, dated 10th of August 1999, she claims to be the owner of the parcel of land on which the church is situate.

The portion of land the appellant is laying claim to is particularly described in the endorsement on the writ of summons. She claims she had developed the land and has her dwelling house there as well and had been in quite enjoyment of her property until the defendant herein trespassed on same. She therefore instituted an action against the defendant in the Circuit Court, Accra claiming the following reliefs:

Declaration of title to all that plot of land situate lying and being at

Ashongman - Accra and bounded on the West by lessor’s land measuring 650ft, more or less, on the North East by lessor’s land measuring 1,010 ft more or less, on the South East by a proposed road measuring 490feet more or less and on the South West by water course measuring 890 feet more or less and containing an approximate area of 10.70acres more or less. (The endorsement reads 10.70ft which I think is a typographical error)

Recovery of possession

General damages

Cost

Any other reliefs

The defendant has her property adjacent to the plaintiff’s, she resisted plaintiff’s claims and maintains she owns the land she occupies. She is married to a member of the William Narh family the owners of a large track of land in the area. The area is therefore called Narhman. The family gifted the piece of land she occupies to her husband who in turn gifted same to her. The defendant alleged she was in occupation of the land before the William Narh family permitted the plaintiff to establish her prayer camp on the land. The plaintiff is a licensee of the William Narh family and does not own the land she is occupying presently.

The defendant therefore counter-claimed as follows:

Declaration of title to all that piece or parcel of land situate at lying and being at Narhman, Accra bounded on the North by William Narh family land measuring 120 feet more or less, on the East by a proposed road measuring on that side 100ft more or less, on the South by William Narh family land measuring on that side 120ft more or less, on the West by William Narh family land measuring on that side 100ft more or less and containing an approximate area of 0.27 acre or 0.10 hectare more or less.

An order for p