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THE REGISTERED TRUSTEES, THE PRESBYTERIAN CHURCH OF GHANA MPRAESO-KWAHU V. MR. KWAKU BAAH

(2019) JELR 67156 (CA)

Court of Appeal  •  CIVIL APPEAL NO.: H1/27/2017  •  26 Mar 2019  •  Ghana

Coram
F. G. KORBIEH JA (PRESIDING), M. M. AGYEMANG (MRS.) JA, M. A. WOOD (MRS.) JA

Appearances
JOYCE OPOKU BOATENG FOR PLAINTIFF / APPELLANT,KIN HUSSEIN ALHASSAN FOR DEFENDANT / RESPONDENT

Judgement

JUDGMENT

AGYEMANG (MRS.) JA:

In this appeal against the judgment of the High Court, Nkawkaw, delivered on the 2nd of May 2008, the plaintiffs/appellants herein seek the setting aside of the said judgment of the court below, as well as the entry of judgment in their favour.

These are the matters antecedent to the instant appeal.

Sometime in 1972 or 1975 (as the case may be), the respondent herein, a lawyer, a native of Mpraeso Kwahu, and a member of the Presbyterian Church, Mpraeso, Kwahu, approached the leaders of the church: the plaintiffs\appellants herein, for the grant of a parcel of land. Having obtained the grant, the respondent proceeded to develop same. Before the said development took place, a draftsman, one of the leaders of the church went with the defendant/respondent and one other from the church, to demarcate the land included in the grant to the respondent.

The said draftsman, who gave evidence as PW1 in the instant suit, sometime after the grant, produced a site plan of fou…

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