PAUL PAAPA GRANT V. KINGSWAY INTERNATIONAL CHRISTIAN CENTRE

JUDGMENT

ADJEI-FRIMPONG JSC:-

My Lords, in this appeal, we are mainly to determine which, between the opposing parties and who incidentally claim through the same Nungua Stool, has superior claim to the disputed land. Both sides had sought declaration of title to the disputed land. Accordingly, they assumed the burden of persuasion on the question of title on a balance of probabilities. The following is the way the pleaded their rival cases.

For the Plaintiff/Appellant/Respondent (herein “Plaintiff”), he in 1998 contracted with a company called Quality Efficient Development Ghana Limited to acquire ten (10) plots of land situate at the Nungua Motorway Industrial Area. The company acted through its Managing Director, a certain John Boye Botchway. The company itself took a grant of the land in 1996 by a 99-year lease from the Nungua Stool acting by NII AFOTEY ODAI IV, Dzasetse and Acting Nungua Mantse and the stool’s principal elders.

At the initial stage of his acquisition claims the Plain…