MRS SUSAN BARTELS vs. INTERNATIONAL CENTRAL GOSPEL CHURCH [2021]DLCA10054

Date	2021-01-28
Suit No.	CIVIL APPEAL N0. H1/113/2020
Citation No.	[2021]DLCA10054

BARBARA ACKAH-YENSU (MS) J.A (PRESIDING)

MERLEY A. WOOD J.A (MRS)

OBENG-MANU JNR J.A

DORA OCQUAYE NORTEY (MRS.) FOR 4TH DEFENDANT/APPELLANT

EMMANUEL BARIMA MANU FOR PLAINTIFF/RESPONDENT

[2021]DLCA10054
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													<main id="main" class="content" style="min-height: 60rem" >MRS SUSAN BARTELS<o:p></o:p>(4TH DEFENDANT/APPELLANT)<o:p></o:p>vs.<o:p></o:p>INTERNATIONAL CENTRAL GOSPEL CHURCH<o:p></o:p>(PLAINTIFF/RESPONDENT)<o:p></o:p>[COURT
OF APPEAL, ACCRA]<o:p></o:p><div style="border-top: none; border-right: none; border-left: none; border-image: initial; border-bottom-width: 1.5pt; border-bottom-color: windowtext; padding: 0cm 0cm 1pt;">

CIVIL APPEAL N0. H1/113/2020&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:
28TH JANUARY, 2021<o:p></o:p>

</div>COUNSEL<o:p></o:p>DORA
OCQUAYE NORTEY (MRS.) FOR 4TH DEFENDANT/APPELLANT<o:p></o:p><div style="border-top: none; border-right: none; border-left: none; border-image: initial; border-bottom-width: 1.5pt; border-bottom-color: windowtext; padding: 0cm 0cm 1pt;">

EMMANUEL BARIMA MANU FOR
PLAINTIFF/RESPONDENT<o:p></o:p>

</div>CORAM<o:p></o:p>BARBARA ACKAH-YENSU (MS) J.A
(PRESIDING), MERLEY A. WOOD J.A (MRS), OBENG-MANU JNR J.A<o:p></o:p><div style="border-top-width: 1.5pt; border-top-color: windowtext; border-left: none; border-bottom-width: 1.5pt; border-bottom-color: windowtext; border-right: none; padding: 1pt 0cm;">

<p class="MsoNoSpacing" align="center" style="text-align:center;line-height:115%;
border:none;mso-border-top-alt:solid windowtext 1.5pt;mso-border-bottom-alt:
solid windowtext 1.5pt;padding:0cm;mso-padding-alt:1.0pt 0cm 1.0pt 0cm">JUDGMENT<o:p></o:p>

</div>&nbsp;MERLEY
A. WOOD, J.A<o:p></o:p>&nbsp;In this interlocutory appeal against
the ruling of the High Court, Land Division, Accra, delivered on 10th
January, 2019, the 4th Defendant/Appellant seeks the setting aside
of the aforesaid ruling.<o:p></o:p>The matters that have given rise to the
interlocutory appeal are as follows:<o:p></o:p>The Plaintiff/Respondent (hereafter
referred to as the Plaintiff or alternately as the Respondent) on 18th
July 1996 sued out a Writ of Summons and a Statement of Claim against three
Defendants namely Emmanuel Amewowoh, Frank Folly and Anthony Agbenu for a
declaration that the Plaintiff is the bona fide lessee of the Government of
Ghana in respect of the land in dispute among other reliefs. The 4th
Defendant/Appellant applied to join the suit as a defendant and same was
granted joining her as Co-Defendant on 20th January 1997. The
Plaintiff applied to join the Lands Commission as 2nd Co-Defendant
and same was granted on 20th June 2011. <o:p></o:p>The Plaintiff per an Amended Writ of
Summons and Amended Statement of Claim filed on 25th June 2018 found
from pages 113 to 117 of the Record of Appeal avers that it is a religious
organization while it described the 1st to 4th Defendants
as trespassers on its land and the 5th Defendant as a Statutory body
set up to manage public lands and any other lands vested in the President by
the Constitution or by any other law and any lands vested in the Commission. It
avers that by a leasehold agreement dated 17th March 1992 made
between the President of the Republic of Ghana acting by the Chairman of the
Lands Commission of the one part and the Plaintiff herein of the other part,
the subject matter of the suit was leased to the Plaintiff for 50 years at a
yearly rent of ȼ120,000 (GHȼ12.00)
p/a and the said agreement registered as No. 847/1996. <o:p></o:p>The Plaintiff avers that he has been
granted a Right of Entry and assumed effective occupation of the land and has
started construction works thereon.&nbsp; It
says the 1st to 4th Defendants have entered a portion of
the land and are carrying on business activities thereon and that their presence
on the land constitutes a breach of one of the covenants of the leasehold
agreement as the land was leased to it for religious and educational purposes
only. Furthermore, the 1st to 4th Defendants have ignored
calls on them both orally and in writing to abate their nuisance and to vacate
the land. The said land is described as All that piece of land known as Plot
No. 13A and containing an approximate area of 6.08 acres situate at Accra-Korle
Lagoon Development Scheme in the city of Accra and lying to the East of Ring
Road West and bounded on the North-East by proposed road on the South East by
Plot No. 13B on the South -West by Ring Road West and the North-West by Plot
No.12 which piece of land is more particularly delineated on Plan No. LD
10282/AC 6421. The Plaintiff therefore prays for the following reliefs:<o:p></o:p>1.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; A declaration that the Plaintiff is the
bona fide lessee of the Government of Ghana in respect of the land in dispute
more or less.<o:p></o:p>2.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; Recovery of Possession of the portion
of the said land occupied by the 1st to 4th Defendants.<o:p></o:p>