THE REGISTERED TRUSTEES OF THE PRESBYTERIAN CHURCH OF GHANA MR AMSEYER HOUSE, ADUM, KUMASI vs. KWABENA NKRABEAH AND NANA OWUSU ANNOR PANIN III ALL OF KYIRAPATRE, KUMASI

The plaintiff, a registered church, claimed ownership and possession of a 151.8-acre land designated for the Ramseyer Presbyterian Secondary School in Kyirapatre, Kumasi, tracing title to grants from the Owiredu Komfuor Stool of Kyirapatre and the Kosikyi Stool of Gyinyase in 1972. The 1st defendant, sued personally but styling himself as head of the Otibo family, denied the plaintiff's title, asserting the Otibo family as bona fide owners and alleging wrongful grant by the 2nd defendant (now deceased). The plaintiff alleged trespass and sought declarations of title, possession, damages, and injunctions. The 1st defendant counterclaimed ownership and enforcement of a prior consent judgment between himself and the 2nd defendant. The 2nd defendant admitted the grant but claimed it was made without family consent and referenced the consent judgment. The High Court dismissed the plaintiff's claims and upheld the 1st defendant's counterclaim, finding the plaintiff's lease void and bound by the consent judgment.

JUDGMENT MENSAH-HOMIAH, J.A. INTRODUCTION: We have before us, an appeal against the Judgment of the High Court, Kumasi, delivered on 13th May, 2022 in respect of a land matter. The trial Judge declared that, the plaintiff had failed in proving its case against the defendants. He then dismissed the plaintiff’s claim and entered Judgment for the 1st defendant on his counterclaim. It is placed on record that, the 2nd defendant passed on before the commencement of the trial and no steps were taken to substitute him. As such, a witness statement filed by his supposed lawful attorney, Nana Kwasi Agyemang, which is at page 159 of the record of appeal and who did not also testify in any other capacity, does not constitute part of the evidence for purposes of this Judgment. In this Judgment, the plaintiff/appellant and 1st defendant/respondent will hereafter be referred to as plaintiff and 1st defendant, respectively. For purposes of analysis, we will also maintain the designation of th.....