THE REGISTERED TRUSTEES ASSEMBLIES OF GOD CHURCH GHANA vs HENRY NII MENSAH

Plaintiff issued this Writ of Summons and Statement of Claim against Defendant with the following reliefs endorsed on the Writ: a. Declaration of title to the land in dispute measuring approximately 0. 14 acre and known as S7 located at Musuli near Night Market Fadama.

b. An order of perpetual injunction restraining Defendant whether by himself, assigns, representatives, licencees or whosoever from intermeddling with the land in aforesaid.

c. Any other order(s) as the court may deem fit.

PLAINTIFF’S CASE Plaintiff says that the land the subject matter of dispute forms part of the land acquired for the Musuli Community by government which is the subject of a lease dated 7th September 1969 for resettlement at North Kaneshie covering an area of approximately 19. 06 acres.

Plaintiff avers that the said lease No Ac 5670 A was registered at the Land Registry with No 16/09/1960. Plaintiff says it acquired the land in dispute from the elders of new Musuli Community acting by its lawful Head, Lartey Quafio, in or about 20th June 1987. Plaintiff says the land described as plot number S. 7 covering an area of 0. 14 acres, is the subject of a lease document.

Plaintiff in response to Defendants denial of Plaintiffs claim averred that they purchased the land in dispute from E. K. Mensah Defendant’s father and Head of Defendant’s family.

Plaintiff avers that E. K. Mensah as evidence of the sale wrote to the Regional Coordinator of the Civil Defence Organisation.

CDO) seeking their assistance to vacate his son (Defendant’s brother) from the land because Defendants father had transferred ownership to Plaintiff.

Plaintiff’s case is that they have not developed the land because Defendant put up a swish building on the land as part of Defendant’s intermeddling with the land in dispute.

Plaintiff avers that Defendant is laying adverse claim to their land on the grounds that the land is the bona fide property of his grandfather, one Papa Amuzu.

Plaintiff admitted discontinuing the case at the Adjabeng Magistrate Court.

DEFENDANT’S CASE Defendant in his Statement of Defence and Counterclaim joined issues with Plaintiff on most of its claims. Defendants avers that the land Plaintiff claims to have acquired has been the bona fide property of his grandfather Papa Amuzu which Defendant’s family have occupied since 1967 prior to Plaintiff’s purported lease.

Plaintiff claims his family has been in possession of the land without any let or hindrance from any person whatsoev