THE CHURCH OF CHRIST vs ABIGAIL BORQUAYE
2024
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP WILLIAM APPIAH TWUMASI (J)
Areas of Law
- Contract Law
- Civil Procedure
- Property and Real Estate Law
2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
The Plaintiff, a church, claimed ownership or leasehold of a disputed land against the Defendant, daughter of the original landowner, stating that her late father died intestate of the land. The court dismissed the Plaintiff's claims for failing to provide sufficient evidence of the sale or lease, the Plaintiff's adjudicated ownership, the validity of a lease, or estoppel by Limitation Act. The Plaintiff was also found to lack the legal capacity to sue as a non-registered entity.
The Plaintiff, a Christian religious denomination, sued the Defendant, a daughter of the late Cyprian Bortey Borquaye who the Plaintiff claims is its grantor to the disputed land.
There is no doubt that the land in dispute was originally acquired by the late Borquaye aforementioned.
What is in doubt however is that contrary to the Plaintiff’s claim that the late Borquaye leased and/or sold the land to it, the Defendant states that her late father died intestate of the disputed land.
On the basis that the late Borquaye leased and/or sold the land to the Plaintiff, the Plaintiff claimed the following reliefs: a) A declaration of title for All THAT piece or parcel of land situate lying and being at Nungua in the Krowor of the Greater Accra Region and bounded on the North East by a proposed road measuring 61. 3 feet more or less, on the South-West by the lessor’s land measuring 67. 8 feet more or less on the North-West by lessor’s land measuring 72. 7 feet more or less and containing an approximate area of 0. 11 of an acre or 0. 04 hectares which said piece of land is more particularly delineated to the indenture of the Plaintiff; b) General damages for trespass and; c) Perpetual injunction restraining the Defendant, her agents, assigns, workmen and successors, personal representatives etc.
from laying claim to Plaintiff’s land aforesaid and interfering with any further development of the land by Plaintiff.
The Defendant after entering appearance to the writ also filed a statement of defence and a counterclaim.
The Defendant also sought the following relief; a) Recovery of possession of the disputed land measuring 0. 812 acres – 0. 701 acres.
Issues for Determination At the end of pleadings, the following were the issues that were set down for determination.
a) Whether the Defendant’s father granted the land in dispute to the Plaintiff in his life time and the grant was confirmed by a Terms of Settlement in the matter of The Church of Christ, Nungua Channel 5 v. Abraham Borquaye & Anor, Suit No. CI/01/09. b) Whether the Plaintiff has been adjudged the owner of the land in dispute; c) Whether there is a lease in respect of the land in dispute; d) Whether the Defendant is estopped by the statue of the Limitation to make a claim to the disputed land; e) Whether the Plaintiff is entitled to its claim; f) Any other issue that might arise from the pleadings.
Resolution of the Issues Before I proceed to determine the issues that were set down by the Court al