ADJETEY ADJEI v. SEIDU ABUBAKAR & LAND COMMISSION
2012
COURT OF APPEAL
GHANA
CORAM
- KUSI APPIAH J.A. (PRESIDING)
- DUOSE J.A.
- AYEBI J.A
Areas of Law
- Property and Real Estate Law
- Administrative Law
AI Generated Summary
E. K. Ayebi J.A. concurred in allowing an appeal concerning land compulsorily acquired by the government under Cap. 134 (1951 Rev.) following publication in the Gazette. He clarified that such acquisition vests ownership in the state and extinguishes prior interests under section 11, though future interests may be acquired through adverse possession under section 30(1) of the Limitation Act, 1972 (NRCD 54). On the facts, the plaintiff/respondent’s claim of prescriptive title failed: the land was bushy when the 1st defendant/appellant entered; the plaintiff or his agents were absent for a long time; and only encroachers were present, necessitating police intervention. The plaintiff’s case relied on a title document (Exhibit A) and an alleged Land Commission release (Exhibits B and C), but the lead judgment found these did not prove a release. Ayebi also underscored that registration under the Land Registry Act, 1962 (Act 122) registers instruments and does not confer state‑guaranteed title, unlike the Land Title Registration Act, 1985 (PNDC Law 152). He concluded the plaintiff trespassed and agreed the appeal should be allowed, with Isaac Duose J.A. also agreeing.