2007
SUPREME COURT
GHANA
CORAM
AI Generated Summary
GIHOC Refrigeration & Household Products Ltd sought review of the Supreme Court’s prior unanimous decision affirming the Court of Appeal’s dismissal of GIHOC’s suit seeking declarations of ownership to Plot No 19 at Ring Road North Industrial Area, Accra. The property housed General Cold Industry Ltd, whose shares were confiscated under AFRCD 31; the enterprise was run by GIHOC and renamed GIHOC Refrigeration & Household Products Ltd in 1984. A Confiscated Assets Committee letter to the Divestiture Implementation Committee stated Plot No 19 was never confiscated and should be released to Jean Assi. GIHOC argued the Supreme Court erred by treating its occupation as under a licence rather than adverse possession due to pleadings. The Court held that its order for further submissions put the licence issue in play, the parties consented and waived objections, and pleadings were deemed amended. Dr Date‑Bah JSC concurred, stressing that review lies only for exceptional circumstances and rejecting Anisminic-based arguments. The review application was dismissed.
ATUGUBA, J.S.C. The background facts of this application by Gihoc Refrigeration & Household Products Ltd for a review of the unanimous decision of the ordinary bench of this court, were masterly stated by my esteemed brother Dr Date-Bah JSC in his opinion in support of the judgment of the court delivered on 1 February 2006 and reported as Gihoc Refrigeration & Household Products Ltd v Hanna Assi [2005-2006] SCGLR 458. They are (as stated at pages 463-465 of the Report) as follows:
"The bone of contention in this case is Plot No 19, Ring Road North Industrial Area, Kaneshie, Accra, and the buildings on it. The defendant-respondent-respondent (hereinafter referred to as the defendant) claims ownership of the plot and holds a land title certificate relating to it. He was also the principal shareholder of a company called General Cold Industry Limited which was incorporated in 1974. This company was carrying on business on the land and premises in dispute, when the Government of the Armed Forces Revolutionary Council (AFRC) confiscated the proprietary rights of the company and all shares in it by a Decree in 1979, namely, the Transfer of Shares and Other Proprietary Interests (A and B Industries And Others) Decree, 1979 (AFRCD 31). That Decree did not purport to confiscate the land and premises on which the confiscated enterprise conducted its business. The confiscated enterprise was given to the Ghana Industrial Holding Corporation (GIHOC) to run. GIHOC took charge of both the enterprise and the premises in which it did its business and continued running the business on Plot No 19.
The business was restored to the defendant, after the return of constitutional rule in 1979. The defendant testified that he was allowed through the courts to take back his properties in 1980 (see page 113 of the record of appeal). However, the business was reconfiscated after the Provisional National Defence Council (PNDC) took power. This was done by the PNDC under the Transfer of Shares etc to the State (Removal of Doubt) Law, 1982 (PNDCL 30). GIHOC resumed the ownership and management of the enterprise and changed its name to GIHOC Refrigeration and Household Products Ltd in 1984.
The defendant endeavoured to secure the return of his confiscated properties and petitioned the authorities several times to that end. Eventually, he thought his efforts had been crowned with a degree of success when a letter (exhibit 5) was written on behalf of the Confiscated Assets Committee t