THE TRUSTEES OF CHURCH OF PENTECOST v. AMADU MOHAMMED
April 27, 2023
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE RITA AGYEMAN-BUDU (MRS
Areas of Law
- Property and Real Estate Law
- Tort Law
April 27, 2023
HIGH COURT
GHANA
CORAM
Try asking the following...
Per the writ of summons issued by plaintiff herein on the 18th of October, 2023
together with its statement of claim, Plaintiffs herein; The Trustee of Church of
Pentecost are seeking the following reliefs:
i) An order nullifying any purported agreement entered into between the
defendants and the children of the late Abudu Fuseini Balanka a.k.a
Abudu kotontey in connection with the land in dispute.
ii) An order for recovery of possession.
iii) General damages for trespass
iv) Perpetual injunction restraining the defendants, his agents, privies,
assigns, and workmen from interfering with Plaintiff’s interest in the
property in dispute.
Defendants herein Amadu Mohammed on the 6th of December 2021 entered a
conditional appearance through his lawyer and subsequently on the 11th of January
2022 filed his statement of defence denying most of the averments in Plaintiff’s
Statement of Claim and also stating that plaintiff is not entitled to their claim.
Plaintiff
Plaintiff describes itself as a church registered under the laws of the Republic of
Ghana. It is the case of Plaintiff that it obtained Judgment against one Abudu
Konkontey a.k.a Abudu Fuseini Balanka at Ashaiman Circuit Court in respect of the
disputed land. That, per the said Judgment it was declared the owner of a parcel of
land situate at Ashaiman main market square measuring 217ft by 75ft by 8.5ft by 90ft
by 12 ft by 125ft by 72ft and sharing boundary with the Ashaiman Market Square
Methodist Church, the Ashaiman Circuit Court and the road in front of the
Ashaiman Circuit court.
It is Plaintiff’s contention that before it could go into execution the said Abudu
Konontey a.k.a Abudu Fuseini Balanka (now deceased) issued a writ against the
Plaintiff and subsequently obtained an injunction against Plaintiff herein at the Tema
High Court in the case of Abudu Fuseini Balanka vrs Trustees of Church of
Pentecost (Chapel Square Assembly) Suit No.E1/179/2012. That pursuant to the
grant of the injunction, the Plaintiff in the aforementioned suit has not taken any
further action and thus stalling the matter for close to ten (10) years.
Plaintiff contends further that defendant has been seen on the land developing same
and when questioned he claims he had swapped a house of his for the land in
dispute with the children of Abudu Konontey the Plaintiff in the case of Abudu
Fuseini Balanka vrs Trustees of Church of Pentecost (Chapel Square Assembly)
Suit No.E1/179/2012.
It is Plai
AI Generated Summary
HER LADYSHIP JUSTICE RITA AGYEMAN-BUDU (MRS), sitting in the High Court, adjudicated a land dispute between The Trustees of Church of Pentecost and Amadu Mohammed concerning a plot at the Ashaiman main market square. The Church relied on a 2011 Ashaiman Circuit Court judgment (Church of Pentecost v Abudu Konkontey, C1/04/2011) declaring it owner of the parcel as described in its writ and statement of claim. Before execution, Abudu Fuseini Balanka commenced Tema High Court proceedings and obtained an injunction, after which that case stalled for about ten years. Mohammed, claiming to have swapped a house for the land with Abudus children, was seen developing the site. After setting and addressing multiple issues, the High Court read the earlier judgment holistically, held that title vested in the Church over the entire described land, found Mohammeds acts to be trespass, nullified the purported exchange agreement, ordered recovery of possession, awarded nominal damages of GH2,000, granted a perpetual injunction, and awarded costs of GH5,000.