TRUE FAITH CHURCH VS TRUE FAITH EVANG. CHURCH & ANOR
2024
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE CYNTHIA MARTINSON (MRS)
Areas of Law
- Civil Procedure
- Evidence Law
- Property and Real Estate Law
AI Generated Summary
The High Court of Ghana, per Justice Cynthia Martinson, tried an interpleader under Order 44 Rule 13(b) of CI 47 arising from enforcement of a consent judgment between True Faith Church of Ghana and True Faith Evangelical Church. Claimant Rev. Seth Ofori asserted personal ownership of the Tatrafoso-Dadease church building and contents on Plot No. 20A Block AB, relying on vendor Kofi Maama’s sale, allocation by the Dadease Stool, site plans, and municipal receipts. The judgment creditor countered that the land and building belonged to True Faith Church Ghana, supported by allocation papers for Plot 20, building plans, a municipal building permit, ECG customer information naming True Faith Evangelical Church, and evidence of Plaintiff’s involvement with church documents post-2017. Applying evidentiary rules on burden, title, and the heightened standard for forgery, the court found Plaintiff failed to prove title to the building and had forged his allocation documents, but proved ownership of musical instruments via unchallenged receipts. The execution stood; the seized instruments were ordered returned; special damages were denied; and no costs were awarded.