[2011]DLCA4484June 16, 2011Court of Appeal

THE TRUSTEES OF THE PRESBYTERIAN CHURCH vs. ACCRA METROPOLITAN ASSEMBLY

MARFUL-SAU, JA: - This appeal is against the judgment of the High Court, Accra dated the 18th of November, 2005. By the amended writ of summons the plaintiff/appellant claimed against the defendants/respondents the following:- a) A declaration of title to the land as described in the plaintiff’s Land Title Certificate. b)Perpetual injunction restraining the defendants, their assigns, servants and agents from in any way interfering with the Plaintiff’s occupation and possession of the said parcel of land. c) Damages for trespass. d) An order compelling the 1st defendant to issue building permits to the plaintiff to build a church on the land. e) Costs. f) An order compelling the 1st defendant to remove the toilets and underground toilet facility from the disputed land immediately. At the close of pleadings the parties settled the following issues for the trial. a) Whether the grant of the land to the Plaintiff by the Land Commission having regard to the 1st Defendant’s p...