JOSEPH ANGMORTE AMADE & ORS v. THE ATTORNEY-GENERAL

INTRODUCTION AND BACKGROUND

[1] On 17th October 2013, the Court of Appeal reversed the decision of the High Court, Accra entered in favour of Plaintiffs/Respondents/Appellants, and against the Defendant/Appellant/Respondent. Being aggrieved by this decision, the Plaintiffs/Respondents/Appellants, filed this Appeal, praying that the Judgment of the Court of Appeal be reversed and Judgment entered in their favour. The parties will maintain their designations as used in the High Court.

[2] The Plaintiffs commenced this suit against the Attorney -General as Defendant, to recover from the Government of Ghana, what they assert to be compensation for acquisition of their family land in 1937. In their Amended Statement of Claim, the Plaintiffs aver that the 1st Plaintiff is the head of the Peignwa Yohe family of Odumase Krobo, which family is made up of two divisions, namely the Tetteh Gbame Amade division and the Akuma Teye division. The Plaintiffs further aver that the 1st Plaintiff also doubles as the head of the Tetteh Gbame Amade division, with the 3rd Plaintiff being the head of the Akuma Teye division and the 2nd Plaintiff, a principal member of the larger Peignwa family of Odumase Krobo.

[3] According to the Plaintiffs, in or about February 1937, the colonial government of Ghana acquired a vast parcel of their family land measuring 7. 77 km ² with a perimeter of 23.88 km, for the Yongwa Forest Reserve. They aver that the said acquisition was subject to compensation of One Thousand, One Hundred and Two Pounds (£1,102.00), with a compound interest of 5% to run from 1937, until the Governor – General makes an order under Section 17 of the FORESTS ACT, 1927 (CAP 157). According to the Plaintiffs, as a result of several competing claims to the land the subject matter of the acquisition, the Reserve Settlement Commissioner sitting at the Magistrate Court, Koforidua heard the various claims, declared the Plaintiffs owners of the reserve, and adjudged them to be due the compensation in respect of the acquisition. That the Governor – General subsequently made the said Order in accordance with Section 17 of CAP 157, by issuing the FORESTS ORDINANCE (CAP 157), THE FORESTS (YONGWA FOREST RESERVE ORDER ,1958 [LN 241].

[4] The Plaintiffs aver that since the said acquisition, however, the Colonial government, as well as successive Governments of the Republic of Ghana, have failed or refused to pay the compensation as determined by the Reserve Comm