MADAM DORA KAI ANNAN v. THE ATTORNEY GENERAL and ANOR

OFOE, J. A.

The Appellant claims to own a plot of land in an area known as Tebibiianor in Teshie, a suburb of Accra.

This land which falls within the Ledzokuku-krowor Municipal Assembly was taken over by construction of a road.

The Appellant believing that she was entitled to be compensated for the loss of her land sued the Respondent claiming:

“1. A declaration that by virtue of Article 20 of the 1992 Constitution the plaintiff is entitled to be compensated to the tune of the current market value of her land more particularly described in the paragraph 1 of the statement of claim as a result of said land being converted into a road by the 3rd defendant.

2. An order to the Land Valuation Board to value the plaintiffs land and ascertain the current market value

3. An order for the payment to the plaintiff the current market value of the property

4. General Damages for trespass

5. Costs and such further order or orders as the Honourable Court may seem fit Issues that the trial judge set for trial can be found at page 38 of the Record of Appeal and we reproduced as follows

1. Whether or not the defendants’ gave the plaintiff any notice before the appropriation and conversion of the plaintiff’s land

2. Whether or not the defendants are jointly and severally liable to pay the plaintiff the full current market value of the land as compensation

3. Whether or not the plaintiff is entitled to her claim

4. Any other issues arising from the pleadings After trial all her claims were dismissed by the trial judge.

At page 183 of the Record of Appeal he stated “From DW3’s evidence I do not find under any of the scenarios where the plaintiff qualifies for payment of compensation.

The plaintiff did not have any property or structure developed on the land, and that she was in occupation of none.

Besides her land falls within road reservation area in the planning scheme of LEKMA which has been proven to be in place and use since 1981.

By the provisions of Act 462, if even there are to be structures or buildings in the reservation area, LEKMA had the full right to demolish them to pave way for proposed road construction without payment of any compensation.

Besides there is no World Bank project ongoing in LEKMA by DUR, which plaintiff might have possibly have been a subject of compensation payment” To the trial judge the Appellant was not entitled to compensation because her plot fell within a reservation approved for a road and she bought her land wh