[2015]DLSC3234 • June 25, 2015 • Supreme Court •
THE REGISTERED TRUSTEES OF THE CATHOLIC CHURCH vs. BUILDAF LTD MR. ABU AND MOHAMMED ASAMOA - KWANING
The Respondents claimed ownership of a disputed land gifted to them in 1946, registered as number 274/46, and exercised uninterrupted possession including erecting a chapel and fencing. The Appellants claimed title through the OnamrokorAdain family, who allegedly obtained the land by customary gift in the 1860s and had a Supreme Court judgment from 1961 affirming their title. The Appellants obtained a Land Title Certificate and counterclaimed for damages. The core dispute was which party held better title to the land.
read moreBENIN, JSC:- The Plaintiffs/Respondents/Respondents, hereinafter called the Respondents, brought an action at the High Court against the 1st and 2nd Defendants/Appellants/Appellants, hereinafter called the 1st and 2nd Appellants respectively. In the course of proceedings the Co-defendant/Appellant/Appellant, hereinafter called the 3rd Appellant was joined to the suit upon application. The Respondents’ case was that in the year 1946 the disputed land which forms part of a larger piece of land described in the schedule annexed to the statement of claim was gifted to them by one Mrs. Naa Oyo Ofosu Quartey who had obtained same from Mrs. Freda Hansen Sackey, whose own deed of conveyance had been registered as 1060/40. It turned out that the said Mrs. Freda Hansen inherited the land through the husband’s estate. The said husband obtained it by purchase in 1926 from Ayibonte and Tetteh Quaye who were said to be the Gbese Manche and Korle Wulomo respectively. The said Gbese Manche and ...