BONPAPA SETH TETTEH-FIO & ANOR VS E.M. AMANKWA ADUFUA & ORS
2019
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP K. A. GYIMAH, JUSTICE
Areas of Law
- Property and Real Estate Law
- Civil Procedure
2019
HIGH COURT
GHANA
CORAM
AI Generated Summary
Justice K. A. Gyimah of the High Court adopted the Terms of Settlement filed on August 2, 2019 as a consent judgment between Bonpapa Seth Tetteh-Fio (Plaintiff) and Abdulai K. Addo (3rd Defendant) and George Doe (4th Defendant), resolving disputes over compensation for 910.10 acres affected by State Land Instrument 1969 (E.I. 30). The parties agreed that the compensation-subject land is jointly owned by the Plaintiffs and the 1st–4th Defendants. They acknowledged that the Plaintiffs’ names were inadvertently omitted from the Lands Commission compensation application and corrected an erroneous listing of George Doe instead of Patrick Kwabla Tetteh, the principal family head of Gbese-Langwanya. A replacement, comprehensive claimant list naming heads of the Amanor-Wayo, Otibo Mankralo, Kwadjo Gamoh, Addo Alima, and Boye Doe/Olegor/Tumawor families will be submitted to the Lands Commission and Ministry of Finance. Earlier procedural steps included conditional appearances and the disjoinder of the 6th Defendant.
BY COURT: The Terms of Settlement filed on 2nd August, 2019 are adopted as a consent judgment of the court between the plaintiffs and the 3rd and 4th defendants.
Terms of Settlement WHEREAS: A. The Plaintiff commenced this action by a Writ of Summons dated 29th day of January 2019, claiming the following reliefs against the Defendants: i. A declaration that the land measuring 910. 10 acres which was affected by State land Instrument 1969 (E. I. 30) is collectively owned by the Plaintiffs and the 1st, 2nd, 3rd and 4th Defendants.
An order of the Honourable Court directed at the Defendants to include the names and particulars of the Plaintiffs in the application and processing of payments and compensation in respect land measuring 910. 10 acres which was affected by State Land Instrument 1969 (E. I. 30). iii.
A further declaration that the Plaintiffs are entitled to the payments of compensation in respect of land measuring 910. 10 acres which was affected by State Land Instrument 1969 (E. I. 30). iv.
General damages.
B. The 1st and 6th Defendants entered conditional appearances dated 19th February 2019 and 4th March 2019 respectively and the 3rd and 4th Defendants entered appearance on 16th June 2019. C. The 6th Defendant applied for disjoinder to the action and same was granted by the Honourable Court.
D. In lieu of the various claims of the Plaintiffs as aforesaid, the Plaintiffs and the 3rd and 4th Defendants have agreed to settle this matter amicably on the terms and conditions hereunder.
E. NOW THEREFORE THESE TERMS OF SETTLEMENT WITNESSETH AS FOLLOWS: 1. That the 3rd and 4th Defendants have agreed that the subject matter (land) for compensation payment is jointly owned by the Plaintiffs and the 1st, 2nd, 3rd and 4th Defendants.
2. That the claim by the Plaintiffs that portions of their land were included in the area for which the instant compensation is being sought does not extend into the land of the 3rd and 4th Defendants.
3. That the names of the Plaintiffs were inadvertently omitted in the application for compensation made to the Lands Commission.
4. That the name of the 3rd Defendant George Doe was erroneously included on the list of claimants as a family Head of Boye Doe instead of Patrick Kwabla Tetteh the principal family Head of Gbese-Langwanya.
5. That the name of George Doe should be replaced with the name Patrick Kwabla Tetteh as the true representative of the Boye Doe, Olegor and Tumawor families.
6. That a new list of cl