THE CHURCH OF CHRIST vs ABIGAIL BORQUAYE
May 23, 2024
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP WILLIAM APPIAH TWUMASI (J)
Areas of Law
- Property and Real Estate Law
- Evidence Law
- Civil Procedure
- Probate and Succession
- Corporate Law
- Tort Law
May 23, 2024
HIGH COURT
GHANA
CORAM
AI Generated Summary
His Lordship William Appiah Twumasi (J) dismissed the Church of Christ, Nungua Channel 5’s action against the daughter of the late Cyprian Bortey Borquaye over land at Nungua. Although the land was acknowledged to have been originally acquired by Borquaye, the church failed to prove a valid grant or sale by him, and its reliance on a lease executed by the Nungua Stool (Exhibit B) did not reconcile with its claim of outright purchase. The court found that terms of settlement from a 2009 suit against Abraham Borquaye (Exhibit C) were not a judgment and could not ground estoppel. The Plaintiff’s assertions of long possession were undermined by contradictory testimony, including evidence that a caretaker, Fenteng, occupied the land. The Limitation Act did not bar the Defendant’s claim. Crucially, the court held the branch church lacked legal capacity to sue as a juristic entity under the Companies Act and trustee framework. The Defendant’s counterclaim also failed for insufficient pleading and proof. Orders preserved rooms 4, 5, and 14 for the Defendant and directed equitable sharing of any unallocated vacant land among Borquaye’s children.
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