2021
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Court of Appeal, per Lawrence L. Mensah JA, dismissed an appeal by the widow and sole administratrix of Justice R.J. Hayfron‑Benjamin’s estate challenging High Court rulings that affirmed Prime Insurance Company Ltd’s rights to recover possession of land at North Ridge allocated by the Lands Commission. Prime Insurance sought headquarters land, received an allocation, ratification, and confirmed search, and paid GH¢1,224,455 including costs tied to a government bungalow replacement, but the lease issuance delayed, prompting litigation. The Lands Commission failed to appear; default and final judgments were entered, and a writ of possession was sought. The Applicant, who had occupied No. 33 Sixth Avenue since 1991 and claimed an understanding that the property would be sold to her family, moved to set aside the judgment and to join the suit. The Court held that Order 4 rule 8 does not permit post‑judgment joinder, time runs from awareness of execution, and proprietary estoppel or adverse possession did not assist her. It affirmed jurisdiction and notice compliance and rejected a first‑option right claim, upholding the High Court’s judgment.
J U D G M E N T
LAWRENCE L. MENSAH JA:
This is an appeal by the Applicant/Appellant who will be referred to as the Applicant against the ruling of the High Court, Accra dated the 17th day of April 2018 in favour of the Plaintiff/Respondent who will be referred as the Plaintiff. The Applicant was the widow of a former Justice of the Court of Appeal, Justice R.J. Hayfron-Benjamin (Deceased).
Facts:
The facts of this appeal are mainly from the written submission of Applicant drawn as follows: On the 8th of June, 2015 the Plaintiff Prime Insurance Company Ltd applied to the Defendants Lands Commission for a parcel of Land. “in any prime business district locations in Accra to put up its headquarters thereon”
After series of meetings with the Defendant, the Defendant issued the allocation letter dated the 23rd of July 2015 to the Plaintiff. The Plaintiff was allocated a parcel of land at North Ridge covering an area of 1.38 acres with a site plan attached. The plaintiff by a letter dated 29th July, 2015 accepted the offer and paid certain amounts indicated in the allocation letter aforesaid. On 18th August 2015, the Plaintiff issued four cheques totaling the sum of GH¢1,224,455.00 in favour of the Defendant.
By a letter dated 23rd September 2015, the Defendant confirmed the ratification by the Greater Accra Regional Lands Commission at its 38th Regular Meeting held on 19th August, 2015. The Plaintiff accepted the second offer dated 29th September 2015.
Further, by a letter dated 7th December, 2015, the Ministry of Water Resources Works and Housing which has a structure on the land allocated to the Plaintiff, required the payment of replacement bungalow which was assessed at GH¢500,000 which the Plaintiff had earlier paid for its replacement as part of the amounts paid.
By a letter dated 5th January 2016, the Plaintiff applied for an official Search to the Defendant Lands Commission. The Search confirmed that the land had been allocated to the Plaintiff company. Defendant which promised to issue a lease covering the land to the Plaintiff, delayed for a long time, the Plaintiff issued a writ of summons, against the Defendant Lands Commission at the Land Court, Accra claiming the following reliefs:
a) An order requiring the Defendant to issue a lease in respect of the land covered by the allocation letter dated 23rd July 2015 to the Plaintiff, the beneficial owner of the land
b) Recovery of Possession of the land covered by allocation letter dated 23rd J