DR. SAMUEL GEPI-ATTEE VS THE MUNICIPAL CHIEF EXECUTIVE & ANOR
2024
COURT OF APPEAL
GHANA
CORAM
- SENYO DZAMEFE JA (PRESIDING)
- GIFTY AGYEI ADDO JA
- CHRISTOPHER ARCHER JA
Areas of Law
- Civil Procedure
- Property and Real Estate Law
2024
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Plaintiff, who sued the Defendants for demolishing his structures on a legally acquired land due to lack of a building permit, won the initial case but faced an appeal. The Defendants argued procedural and jurisdictional flaws and lack of proper building permits by the Plaintiff. The appellate court found the Plaintiff’s structures unauthorized, siding with the Defendants and setting aside the lower court's judgment, except the declaration that the Plaintiff owns the land excluding the designated road area.
GIFTY AGYEI ADDO JA
INTRODUCTION
Per the notice of appeal filed on 19th January 2023, the Defendants/Appellants invite this Court to set aside the decision of the Labour Division of the High Court, Accra, which decision was delivered on 28th November 2022, in favour of the Plaintiff/Defendant.
In this appeal, the designation of the parties at the court below, that is the Plaintiff and Defendants, shall be maintained for ease of reference.
THE CASE OF THE PLAINTIFF
The gravamen of the Plaintiff’s case at the court below relevant to this appeal as gleaned from his statement of claim filed on 15th June 2020, can be summed up as follows:
According to the Plaintiff, he and his late wife obtained a lease and subsequently a land certificate dated 8th June 1986 and 7th March 1996 respectively, in respect of an 11.239-acre parcel of land situate at Oyarifa in the Greater Accra Region, which land they acquired from the La Agba We family of Oyarifa, Accra.
It is the further case of the Plaintiff that in the 1990’s, when Oyarifa was under Amasaman District, he applied to the Town and Country Planning of Amasaman for a building permit towards the development of the subject land, but was told that its layout had not reached Oyarifa.
Per the Plaintiff, he was advised by officers of the Amasaman Town and Country Planning to proceed with the development of his land and that when the layout was carried out, they, upon inspection, would capture his development on same, for which he proceeded and built on the subject land.
The Plaintiff continues that when the layout was eventually published in the early 2000, he realised that his development was not captured, contrary to what he was told. That he wrote to the authority objecting to same, whereupon he was invited by the authority to a meeting. According to the Plaintiff, parties agreed on modifications and review to the layout or scheme of planning in order that his development is factored in the layout at the said meeting.
It is the further case of the Plaintiff that soon after that Oyarifa came under the Abokobi District Assembly and that on 6th July 2007, he wrote to the new authority regarding the discussions, correspondence and agreements with the Amasaman District Assembly on the subject of a building permit for his land and that the Abokobi Assembly did not respond to any of his correspondence.
The Plaintiff continues that Oyarifa is presently under the La Nkwantanang-Madina Municipal Assembly. That on the 2