[2009]DLSC2635 • April 18, 2009 • Supreme Court •
NANA BEDIAKO ATWERE: vs. OSEI OWUSU
The Appellant, styled as Head Pastor of Come Preach Christ Christian Fellowship, was granted about 15.4 acres of land by the Respondent, the chief of Amanfrom and occupant of Abondwoase Stool, for building a school and church. The grant was conditional on payment of a token fee and provision of electricity and pipeborne water to the community. The Appellant allegedly demarcated and sold portions of the land to private developers for residential purposes, contrary to the grant's conditions. The Respondent sought declarations of title, forfeiture of the land due to breach, recovery of possession, and injunctions against the Appellant. The Appellant denied breach, claiming the transaction was a sale and that the sales were with elders' consent.
read moreOWUSU, JSC. On 18/05/11, the court unanimously dismissed the Appellant’s appeal. We now proceed to assign reasons for the dismissal. This is an appeal against the judgment of the Court of Appeal, Kumasi: Coram: Mariama Owusu (Presiding), F. G. Korbieh and Irene Danquah JJA, delivered on 29th January, 2010. The plaintiff/Respondent herein had by a writ of summons accompanied by a statement of claim issued in the High Court, Kumasi, claimed against the Defendant/Appellant herein the following reliefs: (a) Declaration of title to all that 15 acre piece and parcel of building land compassing situate and lying at Amanfrom near Kumasi and bounded by the properties of Abondwoase Stool Land. (b) Declaration that the Defendant is liable to forfeit the land described in paragraph (a) supra on grounds that the Defendant has breached the terms of the grant of the land described in paragraph (a) supra to him. (c) Order for Recovery of Possession of the said 15 acre-parcel of land. .....