[1994]DLCA749 • July 28, 1994 • Court of Appeal
GHANATTA vs. BOARD OF TRUSTEES OF NICHIREN SHOSHU SOKAGAKKAI OF GHANA
The respondents, a religious body originally established as Nichiren Shoshu of Ghana and later renamed Nichiren Shoshu Sokagakkai of Ghana, claimed title and possession of plots No. 86 and 87 Amissa Gon, Dansoman, Accra, where their place of worship (kaikan) is situated. The appellant, a former member who led a breakaway group, was alleged to have disrupted the organisation's activities and obtained documents vesting the property in his group under the old organisation's name. The respondents sought declarations of title, recovery of possession, cancellation of documents issued to the appellant's group, and an injunction restraining interference with the property.
read moreJUDGMENT OF ADJABENG JA. On 14th October 1992 the plaintiff-respondents (hereinafter referred to as the respondents) took action against the first defendant-appellant (hereinafter referred to as the appellant) and one other at the High Court, Accra. The respondents by their writ of summons claimed the following reliefs: (1). “A declaration of title of plots No 86 and 87 Amissa Gon, Dansoman, Accra together with all the buildings thereon and on which the kaikan (center for worship) of the plaintiff is situated. (2). Recovery of possession of the disputed property. (3). Recall and cancellation of any documents affecting the land, prepared by the second defendant purporting to vest the property in the first defendant or any other person or persons. (4). An order of perpetual injunction restraining the first defendant, his agents, servants, workmen or assigns or any associations or bodies formed by him from in any way interfering with the property in dispute.” In a st...