OGYEEDOM OBRANU KWESI ATTA VI VS GHANA TELECOMMUNICATIONS CO. LTD. & ANOR

OWUSU (MS. ) JSC: -

On 29th May, 2019, the Court of Appeal dismissed the appeal of the 1st Defendant/Appellant/Appellant and affirmed the judgment of the High Court, dated 10th May, 2017. Dissatisfied with the decision of the Court of Appeal, the 1st Defendant/Appellant/Appellant mounted this appeal on the following grounds: a. That the Court of Appeal erred in concluding that the erstwhile Post and Telecommunication Corporation (P & T) did not have legal title in the land to pass it to the Defendant.

b. That the Court of Appeal erred in concluding that the P & T could be described as a Statutory Licencee.

c. That the Court of Appeal erred in concluding that the use of the land by P & T cannot be adverse to the rights of the Customary Land Owners.

d. That the Court of Appeal erred in affirming the trial Judge’s judgment on admission regarding the scope and validity of the Lands (Efutu and Gomoa Adjumako) Instrument.

e. That the Court of Appeal erred in concluding that the Defendant converted its status to a trespasser with effect from 1995/96 when it was converted to a Limited Liability Company pursuant to the statutory (conversion to Companies) Corporation Act, 1994 (Act 461). f. That the Court of Appeal erred in affirming the damages awarded by the trial Judge based on US$4. 00 per square meter rate.

g. That the cost of GH¢40, 000. 00 awarded against the Defendant is excessive.

h. That the judgment is against the weight of evidence.

In this appeal, the parties would maintain their designations at the High Court.

Consequently, the Plaintiff/Respondent/Respondent will be referred to simply as Plaintiff.

The 1st Defendant/Appellant/ Appellant will be referred to simply as Defendant and the 2nd Defendant as 2nd Defendant.

Before dealing with the arguments advanced in support and against this appeal, we will give the background of this case.

The subject matter in dispute in this appeal is a parcel of land situated at Gomoa Afransi near Agona Swedru, within the Efutu and Gomoa Adjumako Traditional Area in the Central Region.

The parties have laid rival claims to the subject matter.

At the trial court, it was the case of the Plaintiff that by a letter dated 22nd July, 2015, the Twidan Royal Family through its lawyers wrote to the Defendant enquiring why it had erected telecommunication mast/towers on its land.

In response to the letter, the Defendant stated that it had obtained a fifty-year lease dated October 11, 2008 but effective 1st May, 2007