AFRIKANIA MISSION CHURCH
V.
SEBA CONSTRUCTION LTD

(2013) JELR 65526 (CA)    
Court of Appeal  ·  SUIT NO.: H1/104/2011 ·  7 Feb 2013 ·  Ghana
CORAM
AKAMBA J. B., JSC DORDZIE A.M.A. JA, GYAN S. K. JA
Core Terms Beta
land
defendant
trial judge
evidence act
afrikania mission
weight of evidence
appellate court
land title certificate
grounds of appeal
spiritual head
church services
evidence decree
high court
respondent company
supreme court
decision of the trial court
late husband
following reliefs
land title registration law pndcl
leader of the defendant
osofo kofi ameve
part of the building
afrikania mission church
judgment of the high court
spite of his own admission
statement of defence
above claims
alleged purchase money
case of tuakwa v
deceased leader
evidence of misrepresentation
following grounds of appeal
head pastor of the appellant
late spiritual head
legal entities
life time of osofo kofi ameve
managing director of seba construction ltd
mission house
order of this court
ownership of its mission headquarters
payment of the purchase price of the land
proper findings of fact
quiet enjoyment of the defendant
relevant documents
respondent’s new managing director
said payment
storey office building
support of this ground
various exhibits
wise decision

JUDGMENT

AGNES M. A. DORDZIE

FACTS

Until his death on the 3rd of June 2003 Sebastian Clement Dogbey also known as Osofo Kofi Ameve was the managing director of Seba Construction Ltd the respondent in this appeal. He was also the leader or Head pastor of the appellant, the Afrikania Mission Church.

Both parties occupied the subject matter of this suit, a four storey office building situate at Sakaman Junction South Odorkor. During the life time of Osofo Kofi Ameve, Seba Construction Limited had its offices, warehouse and other facilities in the building and the Afrikania Mission used part of the building to hold church services and to house trainee pastors. At the death of Osofo Ameve the respondent’s new managing director, Mrs Dogbey the widow of the deceased and other family members of the deceased took steps to eject the Afrikania Mission from the premises claiming the premises belongs to the respondent company, Osofo Ameve only permitted the appellant to use the place. The appellant re…

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