[2025]DLCA18388 • April 30, 2025 • Court of Appeal
ABUSUAPANIN KWARTENG MINKAH (PER LAWFUL ATTORNEY: STEPHEN KWAKU BOAH) vs. BRIGHT AND PURE HOLINESS MINISTRY
The Plaintiff sought declaration of title and recovery of possession of farmland located at Boolaso, Ashanti Region, bounded by Christ Apostolic Church International property and Kwasua stream on Nerebehi Stool Lands. The Plaintiff claimed damages and perpetual injunction against the Defendant to restrain dealings with the disputed land. The trial court ruled in favor of the Plaintiff with costs awarded. The Defendant appealed and sought stay of execution of the judgment, which was initially refused by the District Court but later granted by the High Court. The Plaintiff appealed the High Court's stay of execution ruling.
read moreJUDGMENT GIFTY DEKYEM (MRS) J. A. INTRODUCTION: The instant is in respect of an appeal against the ruling of the High Court, Kumasi dated 7th September 2023 in favour of the Defendant/Appellant/Respondent (hereinafter called the Defendant). The Plaintiff/Respondent/Appellant (hereinafter called the Plaintiff) being aggrieved by the said ruling filed a Notice of Appeal on 28th September 2023. BACKGROUND: The Plaintiff in his writ of summons and statement of claim sought declaration of title and recovery of possession of a farm land situate and lying at a place called Boolaso, bounded by the property of Christ Apostolic Church International and the Kwasua stream on the Nerebehi Stool Lands near Kodie in the Afigya Kwabre South District in the Ashanti Region of Ghana, damages, and perpetual injunction restraining the Defendant and all those claiming through it from dealing with the disputed property. At the end of the trial, judgment was entered in favour of the Plaintiff, and cos...