NUMO BORKETEY LARWEH TSURU AND NII OBOADE NOTSE KING PROF. ODAIFIO WELENTSI III v. LANDS COMMISSION AND ATTORNEY GENERAL

The Plaintiffs/Applicants (hereinafter referred to as “the Applicants”) filed the instant

motion on notice on 25th November 2022 for and on behalf of the Nungua Stool

praying this Honorable Court to grant Summary Judgment against the

Defendants/Respondents (hereinafter referred to as “the Respondents”) in the

compensation claim arising out of the acquisition of Nungua Stool land by Executive

Instrument No. 17 of 1999 captioned:

“STATE LANDS (NUNGUA – SITE FOR NATIONAL SPORTS COMPLEX)

INSTRUMENT, 1999”

Following the publication of the said E.I. 17, the 1st Plaintiff filed a writ of summons

and an accompanying statement of claim against the Defendants on 16th October 2020

and same was amended pursuant to the Court’s Order of 14th November 2022 for the

following reliefs:

“1. A declaration that the Government of Ghana acquired 554.46 acres of

land belonging to the Plaintiffs by way of Executive Instrument No. E.I.

17 of 1999.

2. An order directed at the Defendants through the Ministry of Finance to

pay to the Plaintiffs the sum of GH¢1,494,270.00 (¢14,942,700,000.00 old

cedis) being the value of compensation payable as at April, 2000 as a

result of the compulsory acquisition by the State of 554.46 acres of land

belonging to the Plaintiffs.

3. Interest on the sum of GH¢1,494,270.00 at the prevailing Commercial

Bank rate from April 2000 to date of final payment.

4. Cost”.

Ultimately, the Plaintiffs filed the instant application for summary judgment pursuant

to Order 14 rule 1 of C.I. 47, which provides:

“1. Where in an action a defendant has been served with a statement of claim

and has filed appearance, the plaintiff may on notice apply to the Court for

judgment against the defendant on the ground that the defendant has no defence

to a claim included in the writ, or to a particular part of such a claim, or that

the defendant has no defence to such a claim or part of a claim, except as to the

amount of any damages claimed.”

Counsel for the Plaintiffs moved the application in terms of the motion paper and the

supporting affidavit and relied heavily on all the averments contained in the affidavit

as well as the Exhibits attached.

In response to the application for Summary Judgment, the 1st Defendant filed an

Affidavit in Opposition on 1st December, 2022 essentially stating that the Lands

Commission is not opposed to the claim of the Plaintiffs, save that the Commission is

not the Government Agency that pays compensation clai