2015
SUPREME COURT
CORAM
AI Generated Summary
The case concerns a property dispute originating from the confiscation of assets by the Armed Forces Revolutionary Council and subsequent allocation by the Government of Ghana. The High Court ruled in favor of the Africania Mission, but the Court of Appeal reversed the decision in favor of the original owner, Colonel Quarshie. Upon further appeal, the Supreme Court found that the deconfiscation order was issued under a repealed law and thus invalid. Consequently, the Supreme Court restored the High Court's decision, affirming that the property remained with the Africania Mission.
BENIN, JSC:-
This is an appeal against the judgment of the Court of Appeal dated 16th May
2013, wherein it had set aside the judgment of the High Court dated 11th February
2011. It is one of those cases which have their roots from the days of the Armed
Forces Revolutionary Council whereby a number of private assets were
confiscated to the State. Property number B2 situate on Senchie Street, Airport
Residential Area belonged to the defendant/appellant/respondent herein Major,
later Colonel Quarshie, referred to hereafter as the defendant; this property was
confiscated to the State by virtue of the Confiscated Assets Committee Decree,
1979, (AFRCD 25). Following the confiscation the Government of Ghana
allocated the property in dispute to the Africania Mission, plaintiff/respondent
/appellant herein, referred to hereafter as the plaintiff. The plaintiff moved into
possession sometime in 1987. On the eve of his departure from office, former
President His Excellency John Agyekum Kufuor did issue what appeared to be a
deconfiscation order in favour of the defendant in respect of property situate at
Labone, numbered H/NO. 100A 4TH Norla Street, Accra. Apparently that was not
the property intended by the deconfiscation order but the present one in dispute. So
the Attorney-General acting on behalf of the State issued a corrective order, if I
may so put it. Acting on the strength of that, the defendant took steps to recover the
property from the plaintiff. It was on account of these moves by the defendant that
compelled the plaintiff to issue the writ of summons at the High Court seeking
these reliefs:
(a) Declaration of title to all that piece or parcel of land known as Plot No. B
containing area of 0.32 acre situate at Airport Residential Area within the
city of Accra in the Greater-Accra region of the Republic of Ghana and
bounded on the north-east by Revenue Office, on the south-east by unnumbered plot and on the north-west by proposed road.
(b)Recovery of possession.
(c) Perpetual injunction restraining the defendant his assigns, servants, agents
and whatever from preventing the plaintiff’s peaceful enjoyment of the
disputed property.
(d)Costs.
The plaintiff pleaded that it was allocated this property for use as its headquarters
by the Government of Ghana on 22nd August 1987. They moved into occupation
per its leader Osofo Komfo Damuah who lived and conducted the church business
from these premises. The said church leader liv