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NANA KWAKU ASUBONTENG V. BETHEL PRAYER MINISTRY AND THE CHIEF REGISTRAR OF LANDS.

(2014) JELR 65125 (CA)

Court of Appeal  •  SUIT NO: H1/100/2014  •  10 Jul 2014  •  Ghana

Coram
ABBAN (MRS.) J.A. (PRESIDING), OFOE J.A., TORKORNOO (MRS.) J.A.

Judgement

JUDGMENT

OFOE, J.A.

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:

“1.In 1978 the document was used by the Bishop Owusu Tabiri as a mortgage for loan from the Standard Cha…

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