BIZZACO LTD v. ACCRA METROPOLITAN ASSEMBLY
2016
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP ERIC KYEI BAFFOUR
Areas of Law
- Property and Real Estate Law
- Contract Law
- Civil Procedure
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
The case involved a dispute over the legality of a land grant by the Accra Metropolitan Assembly (AMA) to the plaintiff, ultimately leading to the demolition of the plaintiff's property by National Security. The court found that the AMA did not have the authority to grant the land, as the land was under the jurisdiction of the Lands Commission. Additionally, the plaintiff knew the land was government-owned, undermining claims of misrepresentation against AMA. Consequently, the plaintiff's action for compensation was dismissed, and the court emphasized the specific legal boundaries regarding land management and misrepresentation.
JUDGMENT
On the George Walker Bush motorway, otherwise called N1at the section at Abelemkpe is a piece of land by the highway which until the 3rd and 23rd of May, 2014 was occupied by the Plaintiff and had been converted into a washing bay. Acting on concerns that the activities of Plaintiff on the land poses threat to motorist coupled with a feud between Plaintiff and residents of Abelemkpe, National Security was compelled to demolish the property of Plaintiff on that piece of land.
The plaintiff company claims per the reliefs endorsed on its amended writ of summons the following reliefs originally against National Security, the Attorney General and Accra Metropolitan Assembly:
i. An amount of Ghc486.190.19 being the total amount expended by the Plaintiff on its business operations on the aforesaid land from the date when the land was given it to the date of the final demolition.
ii. Interest on same at the prevailing Bank rate from the date of the issuance of this suit to the date of final payment of same.
iii. Damages and compensation to be assessed by the court on a quantum meruit basis.
iv. Perpetual injunction restraining the Defendants their agent privies and servants and by extension, any other person or persons and or entity from dealing with the land in any manner detrimental to the interest of the Plaintiff pending the determination of all matters before the Court.
v. Costs incurred by the Plaintiff inclusive of legal fees.
vi. Any other reliefs which may be ordered by this honourable court.
The suit was amended to delete the name of National Security as a party to the suit. Eventually the Plaintiff discontinued the action against the Attorney General making the AMA the only defendant in the suit. In view of the change in parties to the suit Plaintiff indicated that it has abandoned reliefs (iii) and (iv) endorsed on the writ.
In the amended statement of claim the Plaintiff describes itself as a company that deals in the sale and rental of vehicles as well as the operation of washing bays. And that it applied for a parcel of land at Abelemkpe from the Defendant in October 2011 to be used as a washing bay. The defendant initially granted it a temporary permit to be on the land to operate a washing bay. Plaintiff had to spend GH¢25.000.00 to make the land suitable for a washing bay. Defendant became satisfied with the good use the Plaintiff had put the land and decided to execute a lease for Plaintiff in January, 2014 for a period of fiv