REGISTERED TRUSTEES OF AFRIKANIA MISSION (PLAINTIFF/RESPONDENT) vs. MAJOR QUARSHIE (DEFENDANT/APPELLANT)

MRS MARGARET WELBOURNE, J. A. I have had the privilege of reading the erudite judgment of my learned sister and say that the industry put into her work stands out. There is however a crucial point on which the exercise of my mind independently leads me with due respect to a different conclusion on this appeal. My ruling is referable to (C, D, E. & F) of particulars of misdirection) as stated by the Applicant. The point I wish to high light has to do with the proper placement of what I find as the equitable interest of the Plaintiff/Respondent, the Afrikannia Mission, (hereinafter referred to as the Mission) in the disputed property. It seems to me that when the property in dispute was confiscated by the State under AFRCD 25 of 1979, title of the original owner, Major Quarshie (deceased) and substituted by Mrs Quarshie, the Appellant herein, was thereby extinguished. Following the original owner's loss of title, title to the property instantaneously became vested in the State. The ...