KOTEYFIO NIKOI & ANOTHER v. THEODORE MARTINEZ MONTERO & ANOTHER
March 13, 2014
COURT OF APPEAL
GHANA
CORAM
- KUSI-APPIAH, J.A. (PRESIDING)
- OFOE, J.A.
- DZAMEFE, J.A
March 13, 2014
COURT OF APPEAL
GHANA
CORAM
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J U D G M E N T
KUSI-APPIAH, J.A.: The facts relevant to this interlocutory appeal are as follows: On 16th October, 2007, the 1st and 2nd plaintiffs/respondents describing themselves as the Regent and Principal Elder of the Nikoitse We of Nkwantanang, Madina, Accra respectively and the owners of the La-Nkwantanang lands which include the land acquired by the Government of Ghana for the Legonman (Redco) Housing Project at Madina, brought an action (in Suit No. AL.1/2008) in the High Court, Accra as representatives of Nikoitse We family of Nkwantanang against the appellant (as 1st Defendant) and the 2nd Defendant herein for the following reliefs:
“1 Declaration of title to land with the following boundaries: On the Western side by the properties of Odai Ntoo Family of Ashongman lands, Agbogba village, Ablor Adjei lands, on the North by Panteng Hospital, on the North-East by West African Secondary School and Adentan lands, on the Sourth-East by Ogbodjo lands and on the South by the Atomic junction-Adentan motor road.
2 Declaration that Defendants activities of sending armed policemen and surveyors to remeasure the Nkwantanang lands (Disputed Lands) amount trespassing on the plaintiffs’ legitimate lands.
3 Damages for trespassing on the plaintiffs’ said lands.
4 Perpetual injunction restraining the 1st and 2nd Defendants, their agents, servants and workmen from further encroachment on the plaintiffs’ undeveloped land at La Nkwantanang.”
The plaintiffs/respondents (hereinafter referred to as respondents), in their statement of claim averred that under Executive Instruments (E.I.) 20 and E.I.17 of 1977 and 1991 respectively, the Government of Ghana acquired a large portion of their family’s land and reallocated same to Bank for Housing and Construction (B.H.C. for short), for housing projects to be sold to the Ghanaian public and that the identity and the boundaries of the plaintiff’s land were clearly shown in the said Executive Instruments.
According to the respondents, no compensation whatsoever was paid to their family in respect of the lands compulsorily acquired under the said Instruments.
It is the case of the respondents that in or around 1995, B.H.C. went into liquidation and the Lands Commission and the Land Valuation Board took advantage of the liquidation of the B.H.C. and started selling portions of these acquired lands to individuals and organizations. To vindicate their rights, the respondents claimed that Nii Amon Koteyfio, the then Chief
AI Generated Summary
This interlocutory appeal arose from a land dispute over La-Nkwantanang lands at Madina. The Nikoitse We family representatives sued the appellant and his company for declarations and injunctions, alleging unlawful remeasurement and sales following BHC’s liquidation and relying on a 2004 High Court order granting repossession of the remaining undeveloped portion of the compulsorily acquired land. The appellant, who held a 250-acre assignment under BHC’s 1999 lease, moved to dismiss the action, arguing that the respondents were not parties to the consolidated suits and that the 2004 judgment was void for retroactively applying Article 20 of the 1992 Constitution to acquisitions in 1977 and 1991. The High Court refused, prompting this appeal. The Court of Appeal, applying precedents on void judgments, constitutional non-retroactivity, and stare decisis, held the 2004 judgment void, faulted the High Court for ignoring binding Supreme Court authority, and upheld the appellant’s counter-claim, confirming his title to 250 acres and setting aside the High Court rulings.