MADAM NAFISA IDDRISU v. NORGA GRUMAH
2013
SUPREME COURT
GHANA
CORAM
- WOOD (MRS.) CJ, (PRESIDING)
- DOTSE, JSC
- YEBOAH, JSC
- BENIN, JSC
- AKAMBA, JSC
Areas of Law
- Constitutional Law
- Property Law
- Contract Law
2013
SUPREME COURT
GHANA
CORAM
AI Generated Summary
The appeal succeeded and the decision of the Court of Appeal was set aside. The High Court's orders for the return of the purchase price and the award of general damages for trespass were affirmed. The case revolves around the constitutional provisions regarding compulsory acquisition of property and the right of first option to re-acquire unused property.
J U D G M E N T
WOOD (MRS.), CJ;
It is rather unfortunate that what started off and was intended as a straightforward land transaction between the parties have caused needless financial and emotional pain and suffering to both parties through this protracted litigation which has spanned a period of eleven long years. It is even sadder still, that as the facts clearly demonstrate, this is as a result of the intransigence of the Lands Commission (Commission), the State organ with the constitutional responsibility of ensuring that property rights of individuals are protected. Evidently, it was their blatant failure to recognise the constitutional right of the appellant and give effect to it that has led to this long drawn out legal wrangle. I am led to believe that plainly, the matter posed such a grave dilemma to the Plaintiff/Respondent (Respondent), that she found herself so stuck between a hard place and a rock, she probably surmised it was more prudent and the lesser of the two evils to sue the defendant/appellant (appellant), from whom she initially took steps to acquire the property, rather than the Commission, the powerful organ of State, who was proving very difficult at the time. I shall demonstrate that sadly, that step over what appears not to be a particularly big piece of land was her undoing.
A fair summary of the facts which triggered the action would promote a greater understanding of our judgment in this appeal. About 1994, the Government of Ghana (GoG), in exercise of its eminent domain powers, compulsorily acquired property No G 20 Sabonjida (G20) from the appellant, for the Tamale roads construction works. He received full compensation for the acquisition. At the conclusion of the road works, the appellant, who happened to be still in occupation of the unutilized portion of the land, believing that he was the owner in possession of that unused portion of the G20, sold it to the respondent for ¢4,000,000.00 or GH¢400.00 in today’s economy and duly executed a deed of assignment in her favour.
The Commission however, challenged the validity of the transaction and declined to perfect the respondent’s title on the basis that since on compulsory acquisition, the appellant received full compensation from the State, the unused portion remained the property of the State, for which reason, the appellant on the principle of nemo dat quod non habet, lacked the legal capacity to convey it to a third party.
Following the Commission’s refusal to ve