JUDGMENT OF ARCHER J.
By lands notice No. 936 published in the Ghana Gazette of 6 May 1958, the Ghana Government gave notice under the Public Lands Ordinance1 as follows:
"All that piece or parcel of land comprising an area of approximately 1.26 acres situate at Cape Coast in the Cape Coast [p.278] District of the Western Region of Ghana lying between Commissioner Road, King Street and Victoria Road and approximately 300 feet west of the E. C. M. Church which piece or parcel of land is more particularly delineated on Plan No. L.D. 3389/16947 and thereon shown edged pink is required for the service of Ghana."
By a certificate of title registered at the Deeds Registry as No. 2153/1958 and published as Notice No. 1878 in the Ghana Gazette of 6 September 1958, the High Court declared and vested the above mentioned piece of land in the then Governor-General of Ghana. The land acquired comprised various plots of land including land with premises thereon formerly known as No. 10 Victoria Street and subsequently re-numbered as house No. C57/1 Victoria Street, Cape Coast.
A number of persons put in claims to the compensation in respect of the land and house known as No. C57/1 Victoria Road. Ultimately, the number of claimants dwindled to two, namely, Joseph William Biney of Sekondi on the one hand hereinafter referred to as the first claimant and Araba Effie on the other hand, hereinafter referred to as the second claimant. In view of the conflict, the matter was referred to this court on 5 February 1963 by the Chief Lands Officer as required by the Public Lands Ordinance. The amount of compensation for this portion of the whole land acquired is £G750.
The first claimant gave evidence and called four witnesses. His case is that on 23 August 1946, he bought for £G8 house No. C57/1, Victoria Street, Cape Coast at a public auction held on the 23 August 1946. On 16 January 1947 he obtained a certificate of purchase, exhibit A, from the district magistrate at Cape Coast and this certificate was registered in the Deeds Registry as No. 406/1948. He submitted that the sale was never set aside by the court and at the date of the acquisition of the land by the government, he was the legal owner and as such he is entitled to compensation in respect of the land.
The second claimant is dead and she was substituted by Kwesi Badu who gave evidence and called one witness. The case for the second claimant is that she bought house No. C57/1 Victoria Street, Cape Coast from o
