CHRISTIAN SHANCO BRUCE & ORS VS GOSPEL LIGHT INTERNATIONAL CHURCH
May 8, 2019
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP, JUSTICE NICHOLAS M. C. ABODAKPI (J)
Areas of Law
- Civil Procedure
- Property and Real Estate Law
May 8, 2019
HIGH COURT
GHANA
CORAM
AI Generated Summary
The High Court, per His Lordship Justice Nicholas M. C. Abodakpi, considered an interlocutory injunction application brought by the descendants of the late Edward John Bruce to restrain a church from ongoing construction on disputed land at New Mamprobi, Accra. The applicants traced their root of title to Bruce and relied on a 1953 Deed of gift and customary intestate succession; photographs showed active development. The respondent, represented by Apostle Dr. Emmanuel Kumi, cited a 2006 Land Title Certificate and a conveyance as proof of registered and possessory interests. Applying Order 25 of C.I. 47/04, the Court emphasized just and convenient relief, the need for a recognizable legal or equitable interest, and the balance of convenience. It reasoned that permitting completion of the church would render any later applicant victory nugatory. Although PNDCL 152 titles are state-guaranteed, they may be defeated when facts are established at trial. The Court granted a tailored injunction restraining construction for 90 days or to the Application for Directions stage, with no costs.
The request in the motion paper, for an order of interlocutory injunction reads: “an application or an order of interlocutory injunction restraining defendants, their agents, representatives, workmen whomever from entering onto or engaging in any construction …”The deposition in support made by 1st Plaintiff/Applicant (herein after referred to as applicant) on behalf of the others, is to the effect that, they have taken a writ from the Registry of this Court in which is indorsed a claim for declaration of title, recovery of possession, injunction and an order for demolition of any structure on the land in dispute.
The deposition also showed that the root of title of the land has been traced to the late Edward John Bruce of Soko, New Mamprobi, Accra.
And that the deceased had made a Deed of gift dated 31/03/1953 duly executed and registered with 1142/1957, as the Land Registry number.
EXHIBIT ‘A’ has been cited in support, and I have perused same.
Furthermore, the deposition showed that deceased died in 1974, intestate, but had given part of the land to; Anna Bruce, Margaret Bruce, Christian Shanco Bruce, Catherine Bruce, Prince Allotey Bruce, Mary Bruce, John Bruce and also to four (4) of his employees and caretakers of the land.
In continuation, applicants contended that by customary law it is the children of the intestate that must inherit the remaining undeveloped land, the subject matter of this dispute.
However, without their knowledge respondent has entered the land and, what is in EXHIBIT ‘B’ series (photographs) is the development that has commenced on the land, hence the application.
What is offered in rebuttal is found in the deposition of Apostle Dr. Emmanuel Kumi, the resident pastor of the Defendant/Church(hereinafter referred to as respondent). Firstly, it is respondent’s case that in year 2006, title to the land was granted to it/them.
EXHIBIT ‘APK1’, has been cited in support.
This exhibit, is a land title certificate.
The recitals showed that Cecilia Natchia Blay, described as a lessor of land held by her since 1997, for a specified term and further extension for 25 years of land, which is 0. 6 acre and described further in the exhibit document.
There is a site plan annexed to the document.
I have examined EXHIBIT ‘APK2’ a Deed of conveyance, of land made between one, Emmanuel Aye Clement, as vendor, and respondent herein.
The recital contains the root of title.
EXHIBIT ‘APK3’ are photographs, of a structure and people in the