[2011]DLCA4854 • October 20, 2011 • Court of Appeal
INTERNATIONAL BIBLE STUDENTS ASSOCIATION vs. DIVINE HEALERS CHURCH
The Plaintiff (Appellant) claimed title to Plot No. 52, alleging acquisition of a 50-year lease from the family of the late Charles Annan Vanderpuye, supported by a supplementary confirmatory deed and registration at the Land Title Registry. The Plaintiff asserted that the late Charles Annan Vanderpuye's Will granted his sister, Christiana Vanderpuye, a life interest and headship of the family, with alienation of property requiring consent of the head and three eldest female family members. The Defendant (Respondent) claimed a valid lease from the family dated 1995 and alleged the Plaintiff's lease was void due to non-compliance with the Will and fraud in registration. The High Court dismissed the Plaintiff's claim, leading to this appeal.
read moreMARIAMA OWUSU, J.A. On the 22-11-06, the High Court, Accra dismissed the Plaintiff’s claim as not proved. The court then entered judgment for the Defendant for the portion of land it occupies. Dissatisfied with the decision of the court, the Plaintiff appealed to this court. The Grounds of Appeal are as follows: a. That the judgment is against the weight of evidence adduced. b. That further grounds of appeal will be filled upon receipt of the courts reasons and the Record of Proceedings. Relief sought from the Court of Appeal: To set aside the judgment of the trial Judge and enter judgment for the Appellant. Before going into the merits or otherwise of this appeal, I would like to give a brief background of this case. The Plaintiff issued the writ of summons claiming the following reliefs: 1. Declaration of Title to Plot No. 52 LAND TITLE REGISTRY MAP No. 004/031/88. 2. Perpetual Injunction Restraining the Defendant and all of its Agents, Assigns, Work.....