[2011]DLHC8261 • June 22, 2011 • High Court
WIAMOASE S.D.A CHURCH PER ELDER YAW BOAMAH BOANSI (SUBST. BY) PAUL OPPONG AND GYASI AFUM BOAKYE vs. MADAM AKOSUA AMPOMAA AND ANOTHER
The plaintiff/applicant, to be called the plaintiff, is a branch of Seventh Day Adventist Church and is based at Wiamoase near Agona. Per one of its elders, it instituted a writ of summons against the defendants jointly and severally claiming a declaration of title to a piece of land situated at Ahyiresu Wiamoase Zongo on Agona Stool, damages for trespass and an order of perpetual injunction to restrain the defendants. Indeed, the defendant/respondents (to be referred to as the defendants hereafter) are natives of Wiamoase whose properties are said to share common boundaries with the plaintiff. After directions were taken, the Omanhene of Agona pleaded with the court to allow him to settle the matter out of court. His request was granted as both sides were agreeable. The Omanhene then constituted a committee to arbitrate among the parties. At the end of the arbitration process, the committee submitted a report to the Agona Traditional Council. The Council then forwarded same to the ...