REGISTERED TRUSTEES OF AFRIKANIA MISSION vs. MAJOR QUARSHIE (SUBT. BY MRS. MARY QUARSHIE)

MARIAMA OWUSU, J.A: On 11-2-2011, the High Court, Accra, refused the defendant’s Counterclaim and granted all the reliefs endorsed by the plaintiff on its writ of summons. Dissatisfied with the decision of the High Court, the defendant appealed to this Court on the following grounds: (a) The trial judge misdirected himself and gave an erroneous decision PARTICULARS OF MISDIRECTION i. Even though the plaintiff himself admitted in his statement of claim that he “pulled down the old structure that housed the Mission in order to build a modern structure that befit the Mission and its objectives and goals”, the judge stated that there was no proof that the Defendant/Appellant had his structure on that part of the land and that they were demolished by the Plaintiff/Respondent. ii. Even though the Plaintiff/Respondent himself exhibited PNDCL 325 in which item 140 clearly stated that H/No. 2 Senchi Street’s owner is Quarshie K. A. (MAJ.) the Judge endorsed the Plaintiff’s ass...