[2024]DLCA17838 • December 19, 2024 • Court of Appeal
FELICES GARR & TRUSTEES OF CHRIST POWER ENCOUNTER INTERNATIONAL MINISTRY vs. F. K. A. COMPANY LIMITED
The Respondent sued the deceased Kofi Siaw and Felices Garr as trustees of the Encounter Chapel over trespass on land. The High Court found the Appellants admitted trespass and granted reliefs including damages, recovery of possession, removal of offending structures, and perpetual injunction. The Appellants were given an opportunity to pay compensation after valuation but failed to do so, instead filing appeals and applications to stay execution, all dismissed. The Respondent applied for and was granted a Writ of Possession, which the Appellants challenged. The Court of Appeal heard the appeal against the High Court's ruling granting leave to issue the Writ of Possession.
read moreJUDGMENT BARTELS-KODWO JA:- INTRODUCTION This is an appeal against the ruling of the High Court granting an application for leave to issue Writ of Possession in favour of the Plaintiff/Respondent against the Defendants/Appellants. In this Judgment the parties will be referred to as the Appellant and the Respondent. FACTS OF THE CASE The Plaintiff/Respondent issued a Writ of summons and Statement of Claim against one Kofi Siaw deceased as 1st Defendant and Felices Garr (Pastor and founder of the Encounter Chapel as 2nd Defendant. On the death of Kofi Siaw, the 2nd Defendant was joined to the suit as trustees of the Church. The necessary amendments were then carried out to reflect the changes. By the amended writ of summons filed on 18th May, 2018, Plaintiff prayed the court for the following reliefs: a. A declaration that the activities of the Defendants on the land in dispute amounts to trespass. b. Damages for trespass c. Order for the recovery of possession and ...