NINA NAADEI NEE - KOTEY VS THE CHURCH OF PENTECOST

AMALEBOBA (MRS) J. A.

The jurisdiction of this Court has been invoked by a Notice of Appeal filed by the Plaintiff/Appellant on 5th May 2022. By this Appeal, the Plaintiff/Appellant seeks to set aside an interlocutory Ruling of the High Court, dated the 14th day of April 2022. By the said Ruling, the High Court dismissed the Plaintiff/Appellant’s Motion on Notice, seeking to amend her Statement of Claim, as well as the Witness Statement of her Attorney and to have the Attorney recalled to adduce fresh evidence.

In this Appeal, the parties shall be referred to by their designations in the Trial Court.

The Plaintiff/Appellant shall therefore be referred to as Plaintiff, while the Defendant/Respondent shall be referred to as Defendant.

BACKGROUND It is necessary for the determination of this Appeal, that we refer to in summary, to facts preceding this Appeal.

By her Writ of Summons and Statement of Claim filed in the High Court, the Plaintiff claims ownership to the parcel of land the subject matter of the dispute.

According to the Plaintiff, in the year 1990, she purchased the land situate at East Ashalley Botwe from one Nii Adjetei Obere, Wolomo of Accra.

She averred that she obtained the necessary documentation from her grantor, took possession of the parcel of land, and placed one Nii Odoi in charge of same.

The Plaintiff said sometime thereafter, the Defendant Church led by the said Nii Odoi went to see one Mr. Wilson, a cousin to the Plaintiff and custodian of her land, to be permitted to use the land to construct a temporary structure for worship.

The Plaintiff averred that the said Mr. Wilson gave his consent without consulting her, whereupon the Defendant put up a temporary structure on the land.

The Plaintiff contended that she visited the land sometime thereafter and found that the Defendant had commenced construction of permanent structures on same, whereupon she confronted the Defendant, who informed her that Nii Odoi had sold the land to the Defendant Church prior to his demise some two (2) years earlier.

The Plaintiff alleged that the Defendant had procured her land by fraud.

Wherefore, the Plaintiff seeks declaration of title to the land in dispute, among other reliefs.

The Defendant which filed a Defence to the action denied the assertions of the Plaintiff.

By its Statement of Defence, the Defendant averred that it does not know the said Mr. Wilson and was not privy to any discussions by the Plaintiff to purchase the land in dis