THE REGISTERED TRUSTEES OF JESUS CONNECTION MINISTRY vs THE DEVELOPER & ORS
2016
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JEROME NOBLE-NKRUMAH, JUSTICE OF THE HIGH COURT
Areas of Law
- Civil Procedure
- Property and Real Estate Law
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
The case involved consolidated suits over a disputed land parcel, with the plaintiffs seeking various declarations and the defendants counterclaiming. After a composite plan led the plaintiffs to reconsider their position, the court dismissed their claims and proceeded with the counterclaim. The court found that the second defendant had lawfully acquired the land through his family and upheld the counterclaim, awarding the defendants title, damages, and costs.
This matter begun with all the plaintiffs suing the then 1st defendant (Mary[Adelaide] Wood) and 2nd defendant (Dr John Glover) in separate suits over the same parcel of land.
The suits, four in number: 1. BL188/2006 - STANLEY OWUSU V ADELAIDE WOOD, KENNETH BRETH SURMAN WOOD & NAOMI WOOD 2. BL189/2006 - REV.
ISAAC OWUSU DANKWA V DR JOHN GLOVER WOOD 3. BL190/2006 - KWESI NKANSA BUADU V ADELAIDE WOOD& JOHN GLOVER WOOD 4. BL220/2006 – THE REGISTERED TRUSTEES, JESUS CONNECTION MINITERIES INTERNATIONAL V THE DEVELOPER & DR JOHN GLOVER WOOD were subsequently consolidated on February 16, 2007 into the present action.
Plaintiffs per the endorsement on the writ claimed against the defendants for 1. Declaration of title to all that piece and or parcel of land lying and being at Achimota, Accra and more particularly described in the schedule contained in the statement of claim 2. Recovery of possession 3. Damages for trespass 4. Perpetual injunction restraining the 1st and 2nd defendants, their personal reps, assigns, privies, agents, workmen and servants or howsoever described from interfering dealing with or having anything to do in any manner whatsoever with the land subject matter of this suit.
2nd defendant on the other hand counterclaimed as follows; i. Declaration of title to land situate at Kingsby Junction, New Achimota and particularly described in the deed dated March 12, 1962 and registered in the Deeds Registry as Number 3145/1976 made between Dorothy Wood and the 2nd defendant ii. Recovery of possession iii. Damages for trespass iv. An order for perpetual injunction restraining the Plaintiff, his agents and workmen from entering onto the land subject matter of dispute.
Issues set down for trial were: - Whether the land in dispute is owned the plaintiff- Whether the land in dispute is owned by the defendants in suit Numbers BL188/06, BL189/06 and BL190/06 Trial eventually begun July 8, 2013 with a witness of the Plaintiff giving evidence.
He dealt with the status and capacity of the Plaintiff amongst others.
On October 23, 2013 upon application by counsel for 2nd defendant, the court made an order for a composite plan to be produced by a surveyor and parties subsequently ordered to file their respective survey instructions by November 6, 2013. Subsequently on May 29, 2015 counsel for the Plaintiff informed court that ‘in view of the composite plan submitted by the survey department we are reconsidering our position in this matter’. This was befo