NANA KWAKU ASUBONTENG vs. BETHEL PRAYER MINISTRY AND THE CHIEF REGISTRAR OF LANDS. [2014]DLCA2957

NANA KWAKU ASUBONTENG vs. BETHEL PRAYER MINISTRY AND THE CHIEF REGISTRAR OF LAND... [2014]DLCA2957

Date	2014-07-10
Suit No.	CIVIL APPEAL NO. H1/100/2014
Citation No.	[2014]DLCA2957

ABBAN J.A

OFOE J.A

TORKONNO J.A

MR. OFORI ADUSEI FOR PLAINTIFF/APPELLANT

MR. NATHAN ANTWI FOR DEFENDANT/RESPONDENT

[2014]DLCA2957
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													<main id="main" class="content" style="min-height: 60rem" >NANA KWAKU ASUBONTENG<o:p></o:p>vs.<o:p></o:p>BETHEL PRAYER MINISTRY AND
THE CHIEF REGISTRAR OF LANDS.<o:p></o:p>&nbsp;[COURT OF APPEAL, ACCRA]<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">

CIVIL
APPEAL NO. H1/100/2014&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;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;DATE: 10TH
JULY, 2014<o:p></o:p>

</div>COUNSEL:&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; <o:p></o:p>MR. OFORI ADUSEI FOR
PLAINTIFF/APPELLANT<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">

MR.
NATHAN ANTWI FOR DEFENDANT/RESPONDENT<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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</div><o:p>&nbsp;</o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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JUDGEMENT<o:p></o:p>

</div>OFOE,J.A:<o:p></o:p>The plaintiff is a brother
of the deceased, Bishop Owusu Tabri, founder of the 1st defendant
church. The dispute is about a 0.9 acre land and building with 22 rooms thereon
located in the environs of Achimota, a suburb of Accra. The plaintiff claims it
was his deceased brother who introduced the vendor, Nii Dodoo Blankson, to him
and after due payment he was leased the property and issued the indenture
exhibit A. He subsequently constructed these buildings and put in some of his
relatives. With his permission, his brother, Bishop Owusu Tabiri put in some of
his church members and was paying rent on behalf of these church members. It
was after the death of his brother when he sought to collect rents from the 1st
defendant church, that he was met with the ownership claim to the property. When
he got the police to investigate the claim of the church it was found that:<o:p></o:p>“1.In
1978 the document was used by the Bishop Owusu Tabiri as a mortgage for loan
from the Standard Chartered Bank.<o:p></o:p>2.
The mortgage was discharged in 2002, still unknown to the plaintiff until 2008.
It took the intervention of the police, the former employers of Bishop Owusu
Tabiri before the plaintiff got to know this.<o:p></o:p>3.
There was a lease hold agreement dated the 16th day of March 2001
from John H. D. Blankson to Bethel Prayer Ministry International.<o:p></o:p>4.
On the 17th day of January 2002 there was a lease from Asubonteng Constructional
Works to John Nii Dodoo Blankson.<o:p></o:p>5.
On the 16th day of March 2005, the 1st defendant applied
for land title certificate from the land title registry and same was granted
them as No. G.A 24519”.<o:p></o:p>It is the case of the
plaintiff that the foregoing were all fraudulent acts perpetrated by the
brother, Bishop.<o:p></o:p>He had no option than to sue
them for a declaration who owns this property. Because the 1st
defendant had obtained a Land Title Certificate on the property plaintiff found
it necessary to include the 2nd defendant in the suit. His claim
before the High Court was for:<o:p></o:p>“a. A declaration that the registration
of the 1st defendant church as the proprietor of the land described
below is null and void and of no effect on the grounds that the same was
obtained or procured by the fraud of the leader of the 1st
defendant, Bishop Owusu Tabiri(deceased)<o:p></o:p>b. an order that the land registered be
rectified by the cancellation of the registration of the 1st
defendant church as No 110/1/26/2 at volume 25 folio 8 thereof as proprietor of
the land known as parcel No 26 Block 1 section 110 situate at Achimota in the
Greater Accra Region of Ghana, particularly delineated on the Registry Map No.
001/110/1992 and comprised in land certificate no GA 24519 dated 05/03/2005” .<o:p></o:p>He particularized the
alleged fraud as follows:<o:p></o:p>“1.The plaintiff never used his business
to secure any loan from Standard Chartered Bank culminating in the use of the
house in dispute as a mortgage.<o:p></o:p>2.The elder brother of the plaintiff,
Bishop Owusu Tabiri, founder of and head of the Prayer Ministry forged
plaintiff’s signature and succeeded in obtaining a loan from Standard Bank
Limited, using the house as a mortgage.<o:p></o:p>3. The surrender document dated the 7th
day of January 2002, purported to have emanated from Asubonteng Construction
Works to John Nii Dodoo Blankson was designed by the late Bishop and same
forged the signature of the plaintiff.<o:p></o:p>4.The lease dated the 16th
day of March 2001 from John N. D. Blankson to Bethel Prayer Ministry
International was forged by the late Bishop”.<o:p></o:p>