JUDGEMENT
BENIN, JSC
This is an appeal against the judgment of the Court of Appeal dated 16th May 2013, wherein it had set aside the judgment of the High Court dated 11th February 2011. It is one of those cases which have their roots from the days of the Armed Forces Revolutionary Council whereby a number of private assets were confiscated to the State. Property number B2 situate on Senchie Street, Airport Residential Area belonged to the defendant/appellant/respondent herein Major, later Colonel Quarshie, referred to hereafter as the defendant; this property was confiscated to the State by virtue of the Confiscated Assets Committee Decree, 1979, (AFRCD 25). Following the confiscation the Government of Ghana allocated the property in dispute to the Africania Mission, plaintiff/respondent/appellant herein, referred to hereafter as the plaintiff. The plaintiff moved into possession sometime in 1987. On the eve of his departure from office, former President His Excellency John Agyekum Kufu…