DORA KAI ANANG VS THE ATTORNEY GENERAL & ANOR
2016
HIGH COURT
GHANA
CORAM
- HIS LORDSHIP JUSTICE GEORGE BUADI J.
Areas of Law
- Property and Real Estate Law
- Tort Law
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
The plaintiff claimed deprivation of her land due to road construction, asserting a lack of compensation. Defendants contended the land was within a pre-planned road reservation, thus negating compensation claims. The court concluded that the plaintiff failed to confirm exclusive possession and compliance with planning schemes, dismissing her claims entirely.
1. 0 Introduction I deem it needful to point out at the outset that pursuant to s. 104 of the Courts Act, 1993(Act 492), this case, among thirty-two (32) other land suits were transferred to this court from the Lands Court, Accra by the order and hand of Her Ladyship, The Chief Justice dated 17 Nov 2015. The suit was being heard by Justice Eric Obimpeh J. Indeed, plaintiff has concluded her case at the time I took over the case.
I adopted proceedings and continued hearing the case with the same lawyers who had since been in the matter.
1. 1 By her amended writ of summons1 dated 20 June 2013, plaintiff claims against defendants the following reliefs: a Declaration that by virtue of Article 20 of the 1992 Constitution, the plaintiff is entitled to be compensation to the tune of the current market value of her land (more particularly described in the paragraph 1 of the Statement of Claim) as a result of the said land being converted into a road by the 3rd defendant.
b An order to the Land Valuation Board to value the plaintiff’s land and ascertain the current market value.
c An order for payment to the plaintiff the current market value of the property.
d General damages for trespass.
e Costs and such further order or orders as the Honourable Court may seem fit.
2 The facts of the case The facts of the case appear quite simple.
Plaintiff claims that by the construction of a road around North Teshie (Tebibi Ano), within the Ledzekuku Krowor Municipality, Accra in May 2010 by and under the supervision of the Ministry of Roads and Highway, she has been deprived of her interest, title and ownership of a 0. 23 acre plot of land in the area.
Her claim is that she was not given any notice nor consulted prior to the trespass unto her land and construction of the road.
Neither has any compensation been paid to her for the loss of her land to the construction of the road despite her request and claim in June 2010 for payment of compensation in accordance with her rights conferred the Constitution.
She files the writ following denial to her of payment of compensation for the loss of substantial portion of her land due to the road construction.
Defendants’ deny plaintiff’s claim.
Defendants contend that plaintiff is not entitled to any compensation, as her land falls within road reservation, and that most importantly the road had been earmarked by statutory planning authorities long before plaintiff acquired the land in 1995. 3 Issues for trial The followi