SYLVESTER NENE NOAH vs. METHODIST CHURCH OF GHANA AND NEE BOYE SACKEY

The plaintiff purchased a parcel of land at Kpehe West, Accra from the late Stephen Emmanuel Boye in 2011, paying GH¢40,000 in total, but the formal transfer was not completed before the vendor's death. The plaintiff subsequently paid the balance to the estate administrators who executed a Vesting Assent in his favor. The plaintiff discovered the 1st defendant, Methodist Church of Ghana, had encroached and was developing the land, prompting this suit for declaration of title, recovery of possession, demolition of fences, damages, and injunction. The 1st defendant claimed to have purchased the land from the late Stephen Emmanuel Boye in 1984 and later leased it from the Dodoo family, who claimed ownership. The 2nd defendant, head of the Dodoo family, asserted ownership based on ancestral acquisition and a will from 1927 and 1948 respectively, and counterclaimed for declarations of title and reversionary interest.

JUDGMENT Plaintiff’s Case By an amended writ of summons issued on 15th November 2017, the plaintiff claimed the following reliefs against the defendants: i. Declaration of title to all that piece or parcel of land situate and lying and being at Kpehe West, Accra and bounded on the North by vendor’s land measuring 120 feet more or less, on the South by vendor’s land measuring 120 feet more or less, on the West by vendor’s land measuring 70 feet more or less and on the East by vendor’s land measuring 70 feet more or less. ii. Recovery of possession of the aforementioned land. iii. Order for demolition of defendant’s fence wall. iv. General damages for trespass. v. Perpetual injunction restraining the defendants, their agents, assigns, workmen etc. from developing the land or having anything to do with the land until the final determination of the suit. The plaintiff asserts that he bought the land in dispute from one Stephen Emmanuel Boye Cobblah in the year 2...