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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

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.

JUDGMENT