METHODIST CHURCH OF GHANA v. NANA ATTA ADWOA AMPOMAH II

Per the Writ of Summons filed on 20th January 2021, the Plaintiff claims against the

Defendant as follows:

a) Declaration of title to all that piece or parcel of land commonly known and called Site

for Methodist Church Ghana, Sefwi Asafo near Sefwi Wiawso.

b) General, exemplary and punitive damages against the Defendant in favour of the

Plaintiff.

c) Perpetual Injunction restraining the Defendant, either by herself, her agents, servants,

workmen and assigns, representatives, relatives and/or any person(s) acting through

her or on her behalf or derive his/her interest or title from her from in anyway

dealing with and/or having anything to do with the subject property; and/or doing

anything at all with the aim of denying the Plaintiff access to the said property

and/or the enjoyment of same.

d) Any other order(s) as this Honourable Court may deem fit, convenient equitable and

just including filing and Solicitor's fees.

On 23rd February 2023, the Parties herein filed Terms Settlement, duly executed by the

Parties, and prayed this Court to adopt same as its consent Judgment.

The said Settlement essentially provided as follows:

“I wish to respectfully inform the honourable court that the above-

mentioned suit has been settled amicably between the parties.

It has been agreed by the parties that the plaintiff (The Methodist Church

of Ghana) shall pay Ten Thousand Ghana Cedis (Gh 10,000.00) to the

Asafo Stool towards the building of the new Palace.

The parties agreed to bear their own cost.

Per this settlement, the property (the plan attached) for which a leasehood

agreement was executed by Nana Nkuah Okumdom II has been

endorsed by Nana Kofi Mintah Il and his Principal elders.

We appreciate your cooperation.

Mediator: Nana Kofi Mintah II (Chief of Sefwi Asafo)”.

The Court is required by law to promote reconciliation through Alternative Dispute

Resolution (ADR) means in appropriate cases.

Section 72 of the Courts Act, 1993 (Act 459) deals with promotion of reconciliation in

civil cases and provides as follows:

“(1) A Court with civil jurisdiction and its officers shall promote reconciliation,

encourage and facilitate the settlement of disputes in an amicable manner

between and among persons over whom the Court has jurisdiction.

(2) When a civil suit or proceeding is pending, a Court with jurisdiction in that

suit or proceeding may promote reconciliation among the parties, and encourage

and facilitate the amicable settlement of