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EVANGELICAL LUTHERAN CHURCH V. AGGREY MEMORIAM PREPARATORY SCHOOL

(1992) JELR 69595 (CA)

Court of Appeal  •  20 Feb 1992  •  Ghana

Coram
ESSIEM JA, KPEGAH JA, OFORI-BOATENG JA

Judgement

KPEGAH JA. This is an appeal from the judgment of Owusu-Sekyere, sitting at the circuit court, Accra. On the 8th day of September 1978, the plaintiffs took out a writ of summons claiming against the defendant title to a piece of land near Kanda Estate and having an approximate acreage of 1.28 acres. The plaintiffs also sought the ancillary reliefs of recovery of possession, damages for trespass and an order for perpetual injunction.

Most of the essential facts are not in dispute between the parties. The disputed land forms part of an area originally leased to one Guy Warren by the Government of Ghana. Guy Warren took his lease in 1964. He intended to build a school of music on the said land. He was able to develop only part of the land and in order to relieve himself of paying rent in respect of the undeveloped area, he, by a letter dated 29/4/76, relinquished his interest to the Ghana Government in respect of the undeveloped area. Earlier in time, one Beatrice Manu and her husband, Mr…

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