PRESBYTERIAN CHURCH OF GHANA v. NICHOLAS O. PARKER
2021
COURT OF APPEAL
GHANA
CORAM
- I. O. TANKO AMADU JSC (PRESIDING)
- M. WELBOURNE, JA
- A. A. GAISIE, JA
Areas of Law
- Property and Real Estate Law
- Civil Procedure
- Evidence Law
- Tort Law
- Equity and Trusts
2021
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
On appeal from the High Courts Land Division in Accra, the Court of Appeal (panel presided by I. O. Tanko Amadu JSC, with A. A. Gaisie JA authoring and M. Welbourne JA concurring) affirmed the High Courts 11 February 2016 judgment in favour of the Registered Trustees of the Presbyterian Church of Ghana. The Trustees, acting for the Triumphant Congregation at East Legon, traced title to a 1995 grant by Numo Emmanuel Amoah Mensah to donor Aka Fideli Aholi, followed by registration and Land Title Certificate No. GA11692, and a 2003 deed of gift to the church. Nicholas O. Parker had built to lintel level on the parcel, contending the land was part of a 1944 state acquisition and challenging the Trustees capacity. The Court held the Trustees had capacity under Act 106, the registered title was indefeasible absent proven fraud, the jus tertii/state-acquisition defence failed without joining the State or proving illegality, and composite survey evidence showed Parkers site plan largely lay outside the disputed area. The appeal was dismissed and the High Courts orders, including title declaration, injunction, recovery, demolition, damages and costs, were affirmed.
AMMA A. GAISIE JA
This appeal is from the judgment of the High Court, Land Division, Accra, dated 11th February, 2016 wherein judgment was entered in favour of the Plaintiffs/Respondents.
In the High Court, the Plaintiff/Respondent (hereinafter referred to as the “Respondent), claimed against the Defendant/Appellant (hereinafter referred to as the Appellant), the following reliefs:
“(a) Declaration of title to all that piece or parcel of land situate, lying and being at Gonyiteh, East Legon and described in the Land Title Certificate No. GA11692 dated 6th February, 2004
(a) Perpetual injunction restraining the defendant, his heirs, agents, assigns, privies and all persons claiming through or under him interfering with the land
(b) Recovery of possession of the said land the subject of this action
(c) An order for demolition of the said structure placed on the land by the defendant at his expense
(d) Damages for trespass
(e) Cost of the suit herein.”
BACKGROUND TO THE CASE
In their Amended Statement of Claim filed on 15th April, 2011 the Respondents claim that they are the current registered trustees of the Presbyterian Church of Ghana and the custodian of all the assets and properties of the corporate church as well as the various constituent churches located all over Ghana.
Respondents state that one of their constituent churches is the Triumphant Congregation Church situate at East Legon, Accra. It is the Respondents’ case that in 2003, one Aka Fideli Aholi, simply referred to as Aholi, donated a plot of land, which is the subject matter of the dispute, to the Triumphant Congregation branch. The said gift was endorsed by an indenture dated 1st August, 2003.
The Respondents claim that the said Aholi had been granted the said land by Numo Emmanuel Amoah Mensah of Gonyiteh La-Bawaleshie who was the head and lawful representative of the Nii Amoah Okromansah family of La Abese. Aholi subsequently had the land registered and was issued with Land Certificate No. GA11692 dated 6th February, 2004. The Respondents also had the land transferred into their name and have also been issued with a land certificate. Respondents claim that they went into possession of the land which had been fenced by their grantor before the donation to them and that the land is an adjoining plot situate at the back of the East Legon branch of the church.
The Respondents further claim that they were in effective possession until sometime in 2003 when the Appellant came onto