[2013]DLCA8079April 18, 2013Court of Appeal

DEEPER CHRISTIAN LIFE MINISTRY (SUING PER REGISTERED TRUSTEES…) PASTOR JOHN BORHAM, PASTOR K. OWUSU APPIAH, PASTOR KWAKU GYEABOUR BOATENG, PASTOR CHRISTOPHER AGBENYEFIAH, PASTOR EDWARD KWEKU DUODU AND PASTOR ARCHIBOLD AKO-NNUBENG vs. ALEX KOFI KUMAH

MARIAMA OWUSU, J.A: Two main issues crop up for determination in this appeal. They are as follows; 1. Whether the disputed property is family property. 2. Whether or not the transaction entered into by the parties in 2007 is an outright sale of the disputed property or a rent agreement for ten (10) years. The trial judge answered the first issue in the affirmative. On the second issue, he came to the conclusion that the transaction was a rent agreement. Dissatisfied with the decision of the trial court, the plaintiff/appellant mounted the instant appeal on the following grounds: i. The judge erred in holding that the land the subject matter of the instant dispute, belonged to Defendant’s family. ii. The judgment was against the weight of evidence. iii. The trial judge wrongly exercised his discretion when against the weight of evidence, he refused plaintiff’s claim. iv. Further grounds to be filed on receipt of the Record of Appeal. The relief sought from the Court Appeal...