BOARD OF TRUSTEES OF THE NICHIREN SHOSHU SOKAGAKKAI OF GHANA vs. GHANATTA [1994]DLCA5291

Date	1994-07-28
Suit No.	[1994 - 95] 2 G B R 729 – 736 C A
Citation No.	[1994]DLCA5291

OFORI-BOATENG JA

ADJABENG JA

LUTTERODT JA

[1994]DLCA5291
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													<main id="main" class="content" style="min-height: 60rem" >BOARD OF TRUSTEES OF THE
NICHIREN SHOSHU SOKAGAKKAI OF GHANA<o:p></o:p>vs.<o:p></o:p>GHANATTA<o:p></o:p>[COURT
OF APPEAL]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

[1994 - 95] 2 G B R 729 – 736 C A&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; DATE: 28 JULY 1994<o:p></o:p>

</div>CORAM:<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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OFORI-BOATENG
JA, ADJABENG JA, LUTTERODT JA<o:p></o:p>

</div>ADJABENG JA. <o:p></o:p>On
14 October 1992, the plaintiffs-respondents herein took action against the lst
defendant-appellant herein and one other at the High Court, Accra. The
plaintiffs-respondent by their writ of summons claimed the following reliefs:<o:p></o:p>“(1) A declaration of title to plots
nos 86 and 87 Amissa Gon, Dansoman, Accra, together with all the buildings
thereon and on which the Kaikan (centre for worship) of the plaintiff is
situated.<o:p></o:p>(2).Recovery of possession of the
disputed property.<o:p></o:p>(3) Recall and cancellation of any
document affecting the land, prepared by the 2nd defendant purporting to vest
the property in the 1st defendant or any other person or persons.<o:p></o:p>(4) An order of perpetual injunction
restraining the 1st defendant his agents, servants, workmen or assigns or any
associations or bodies formed by him from interfering in any way with the
property in dispute.”<o:p></o:p>In
a statement of claim subsequently filed by the plaintiffs they averred that the
plaintiffs, a religious body, were originally established under the name
Nichiren Shoshu of Ghana in 1968 as a branch of Soka Gakkai organisation in
Ghana. This organisation was registered in 1975 under the Trustees Act 1962
(Act 106) and in 1977 acquired the property now in dispute for the purpose of
building thereon their place of worship known as the “Kaikan”. The name of the
organisation was in 1989 changed from Nichiren Shoshu of Ghana to Nichiren
Shoshu Sokagakkai of Ghana and was re-registered as such under the Religious
Bodies (Registration) Law 1989 (PNDCL 221). The plaintiffs averred that owing
to some leadership changes which were made in April 1990, before the
re-registration under PNDCL 221, a few members of the organisation, led by the
1st defendant-appellant herein, decided to disrupt the activities in the
organisation; that even though the plaintiffs had requested the 2nd defendants,
the original owners of the land, to prepare the documents on the land in the
new name of the plaintiffs, they rather chose to do so in the old name of the
organisation and released them to the 1st defendant-appellant and his
break-away group. The plaintiffs therefore contended in paragraphs 27, 28 and
29 of their statement of claim as follows:<o:p></o:p>“27. The 1st defendant and his group
are not yet registered and they do not constitute the old group to claim any
title to the property.<o:p></o:p>28. The plaintiff will contend that
the conduct of the 2nd defendant is wrong, unlawful and constitutes fraud on
the plaintiffs.<o:p></o:p>29. The plaintiff will further contend
that the 1st defendant either alone or together with his break-away group have
no title to the property in dispute: Nichiren Shoshu of Ghana ceased to exist
with the registration of the plaintiff’s religious body.”<o:p></o:p>When
the writ of summons and the statement of claim were served on the two
defendants they both entered appearance but while the 2nd defendant filed a
statement of defence, the 1st defendant-appellant did not file any. Meanwhile
the plaintiffs filed a motion for interim injunction. The appellant opposed the
application on the grounds, firstly, that he was not the proper person to be
sued as the property in dispute was not vested in him but in the Board of
Trustees of the Nichiren Shoshu of Ghana. Secondly, that by virtue of section
12(1) of the Land Title Registration Law 1986 (PNDCL 152), the court had no
jurisdiction to entertain the action as the area in dispute forms part of the
Dansoman area which had by the Land Title Registration - Declaration of
Registration District (Accra District 04) Instrument (LI 1521) been declared a
registration district for the purpose of land title registration.<o:p></o:p>The
trial judge rejected the appellant’s arguments, granted the application for
interim injunction and ordered the National Commission on Culture to take over
the place of worship, the bone of contention. Among other things, the court
ruled as follows:<o:p></o:p>“I do not think that when the Land
Title Registration Law 1986 was passed, it was the intention of the legislature
to oust the jurisdiction of the courts to determine ownership of land. It is my
view that the said Law was passed to establish the land title registry, which
was charged with the responsibility of ensuring the registration of lands
within declared areas. It is my further view that the Adjudication Committee,
which is to be set up under the Land Title Registration Law can deal only with
disputes relating to registration of land. It has not been given jurisdiction
to try cases of title to land or recovery of possession of land.<o:p></o:p>Even if I am wrong in my view of the
law, it is clear from the plaintiffs’ writ of summons and the affidavit filed
by them, that they have brought the instant motion against the 1st and 2nd
defendants because of a threatened intention by the latter to deprive them of
their place of worship. It must be observed therefore that the relief before
the court, being an equitable one and acts of interference with their property
having been alleged against the 1st defendant, the court has an inherent
jurisdiction to hear the matter in order to ensure that justice is done.”<o:p></o:p>The
trial court also held in respect of the other argument canvassed on behalf of
the applicant as follows:<o:p></o:p>“Concerning the 1st defendant it is
obvious that he is not claiming ownership of the property. He is a stranger to
the property. And although he claims that the property belongs to Nichiren
Shoshu of Ghana no member of that organisation and no member of the Board of
Trustees of the said body has filed any affidavit in support of his claim.
Besides the trustees of the said body, if they exist, have not sought to join
the suit. It seems therefore to me that the 1st defendant would not suffer any
hardship if the application is granted, rather than refused.”<o:p></o:p>