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INTERNATIONAL BIBLE STUDENTS ASSOCIATION V. DIVINE HEALERS CHURCH

(2011) JELR 68168 (CA)

Court of Appeal  •  CIVIL APPEAL SUIT NO: H1/56/09  •  20 Oct 2011  •  Ghana

Coram
MARIAMA OWUSU J.A. (PRESIDING), ISAAC DUOSE J.A., C. J. HONYENUGA J.A.

Judgement

JUDGMENT

MARIAMA OWUSU, J.A.

On the 22-11-06, the High Court, Accra dismissed the Plaintiff’s claim as not proved. The court then entered judgment for the Defendant for the portion of land it occupies. Dissatisfied with the decision of the court, the Plaintiff appealed to this court.

The Grounds of Appeal are as follows:

a. That the judgment is against the weight of evidence adduced.

b. That further grounds of appeal will be filled upon receipt of the courts reasons and the Record of Proceedings.

Relief sought from the Court of Appeal:

To set aside the judgment of the trial Judge and enter judgment for the Appellant.

Before going into the merits or otherwise of this appeal, I would like to give a brief background of this case.

The Plaintiff issued the writ of summons claiming the following reliefs:

1. Declaration of Title to Plot No. 52 LAND TITLE REGISTRY MAP No. 004/031/88.

2. Perpetual Injunction Restraining the Defendant and all of its Agents, Assigns, Workmen, Employees, whatsoever from int…

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