NII KOJO DANSO II & ANOR VS THE EXECUTIVE SEC. LANDS COMISSION & ORS
2016
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE ELIZABETH ANKUMAH (MRS)
Areas of Law
- Civil Procedure
- Constitutional Law
- Property and Real Estate Law
- Administrative Law
2016
HIGH COURT
GHANA
CORAM
AI Generated Summary
The High Court (Justice Elizabeth Ankumah) dismissed a renewed motion by the 1st and 2nd defendants (State entities) seeking to invoke the courts inherent jurisdiction to set aside a 2005 default judgment arising from the Dansoman Housing Estates compulsory acquisition. Original plaintiff Nii Kojo Danso I had sued for title to the 1,715.14-acre tract and compensation; defendants entered appearance but failed to defend, leading to a regular default judgment awarding GH57,433,900.00. After a Certificate of Judgment issued in 2008, defendants paid GH100,000 in 2009. In rejecting the motion, the court held applicants offered no explanation for their default, raised defences they should have pleaded, delayed indecently, and acted in bad faith by paying part of the judgment before attempting to set it aside. Prior similar motions were dismissed, rendering the court functus officio; any remedy lay in appeal. The court also cited Article 20(2) protecting access to the High Court for compensation in compulsory acquisitions.
This is a motion seeking to invoke the inherent jurisdiction of the court for an order to set aside the judgment of the High Court delivered by His Lordship Justice Kofi Akwaah on 13th April 2005 as having been delivered without jurisdiction and as being null and void. This application was filed by Counsel for 1st and 2nd defendants. The basis of this application can be found in paragraphs 4, 6, 8, 9, 10, 11, 14, 15, 17, 19, 21, 23, 24, and 25 of the affidavit in support as follows:
“That the land in dispute was compulsorily acquired by the State under States Lands (Accra Dansoman Housing Scheme) Instrument, 1968 (E. I. 27) of 1968.
That following the publication of the Executive Instrument as required by law... the Sempe stool and several others submitted a claim for compensation as pre-acquisition land owners.
That though the acquisition instrument was duly published in accordance with law, the Plaintiff/Respondent never submitted any claim for compensation.
That a number of the submitted claims were found to be in conflict with one another and payment of compensation was thus withheld until the conflicts had been resolved.
That in support of the Sempe Stool’s claim, it submitted the Court of Appeal judgment dated 31st July, 1970 in Civil Appeal No. 50/66 titled Nii Tetteh Crabbe III, Nii Adja Kwao II v. J. A. Quaye of Accra, Nii Tetteh Kpeshie II, Sempe Mantse and Nii Yao Duade Crabbe III, Nii Adja Kwao II v. J. W. Boye of Accra, Nii Tetteh Kpeshie II, Sempe Mantse and Godfred Robertson Addico v. Emmanuel Joe Akuffo (Consolidated).
That the state through the then Lands Department paid compensation in respect of the acquired land in the form of Land Bonds and cash to the Sempe stool and other beneficiaries in the 1970s.
That on 31st July, 1990, the Supreme Court reversed the decision of the Court of Appeal and restored the decision of the High Court which partitioned the land described as Exhibit D in the said suit.
That before the restoration of the High Court judgment by the Supreme Court, the State through the defendant/applicant herein had already effected payment through Land bonds and cash, evidence of which are on the court docket.
That on 13th April, 2005, the High Court presided over by Justice Kofi Akwaah in the instant suit delivered a judgment against the Defendants/Applicants herein for default of defence. A copy of the said judgment is annexed herewith and marked as Exhibit LG ‘4’.
That I am further advised by my Counsel and veril