[2009]DLCA6605 • March 26, 2009 • Court of Appeal
THE REGISTERED TRUSTEES OF THE PRESBYTERIAN CHURCH, KPONG vs. EMMANUEL MACCARTHY AND TWO OTHERS AND EMMANUEL MACCARTHY AND TWO OTHERS vs. THE REGISTERED TRUSTEES OF THE PRESBYTARIAN CHURCH OF GHANA, KPONG
MARIAMA OWUSU JA On the 22-8-05, the Circuit Court, Odumase Krobo, in a consolidated suit delivered itself this way; "I hold that the Plaintiff has proved his title which is superior to that of the Defendant with oral and documentary, consistent and corroborative evidence. I enter judgment for the Plaintiff for the following; L17/03 [a] Declaration of title to the property described in Exhibit A and G, recovery of possession to the property described in Exhibit A and G. [b] The Defendant/Plaintiffs admitted constructing the chain of stores on the disputed property. I award ¢20m as general damages against Defendant/Plaintiffs. [c] I also decree Perpetual Injunction against Defendant/Plaintiffs, their agents, servants etc. Plaintiff to recover possession with immediate effect There is order as to cost of ¢10m against Defendants and counsel. I dismiss Plaintiff’s claim in Suit No. L18/03 and their Counter-claim in Suit No.L17/03 because they failed to prove their clai...