PETER OSEI ASSIBEY v. LANDS COMMISSION
February 27, 2019
COURT OF APPEAL
GHANA
CORAM
- M. OWUSU, (J.A.) - PRESIDING
- DZAMEFE, (J.A.)
- WELBOURNE, (J.A
Areas of Law
- Civil Procedure
- Property and Real Estate Law
- Constitutional Law
- Administrative Law
February 27, 2019
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
Presiding Justice Mariama Owusu, J.A., writing for the Court of Appeal, Kumasi, dismissed Peter Osei Assibey’s appeal from the High Court’s October 23, 2017 judgment. Assibey, trading as Adehyeman Foundation, claimed that his joint venture with the Kumasi Metropolitan Assembly (KMA) and a 2006 consent judgment created an encumbrance over Property No. A 1657 (Kejetia playground) and that the Lands Commission’s April 2014 grant of a 50-year lease to the Golden Stool was an unconstitutional compulsory acquisition. The Lands Commission denied that he had title, asserting he was at best a tenant at will and noting judicial recognition of the Golden Stool’s interest in Part 1 lands. Relying on Exhibit LC3 (a January 17, 2017 Court of Appeal decision), the Court held that Assibey’s interest was only a tenancy at will, the consent judgment did not confer proprietary title, and the Lands Commission acted within its statutory mandate to grant leases on government land. The Court further held that res judicata/issue estoppel barred relitigation of issues and affirmed that the High Court properly declined jurisdiction; the appeal was dismissed.
MARIAMA OWUSU, J.A.:
on 23rd october, 2017, the high court, kumasi, dismissed the plaintiff’s suit. the court held among others as follows:
“in conclusion, from the examination of exhibit ‘lc3’, i am of the view that the plaintiff is estopped by bringing this action since the issues have been resolved by the court of appeal. the court therefore had no jurisdiction to pronounce on the merits of the case.
i therefore proceed to dismiss the entire suit. no order as to cost.”
dissatisfied with the decision of the trial court, the plaintiff mounted this appeal on the following grounds:
1. the judgment is against the weight of the evidence.
2. additional grounds of appeal will be filed on receipt of the record of proceedings.
the reliefs sought from the court of appeal
an order setting aside the judgment of the high court, kumasi and entering judgment for the plaintiff/appellant.
on 13th april, 2018, the plaintiff/appellant filed seven (7) additional grounds of appeal. they are:
1. the learned trial judge erred in law when he held that the cause of action in the first suit no. c1/77/2013 entitled peter osei assibey v. acheamfour ltd. & osei tutu @ obideabawas/is the same as the cause of action in the instant suit no. irl 60/2014 entitled peter osei assibey trading under the name and style of adehyeman foundation v. lands commission, kumasi.
2. the learned trial judge erred in law when he held that the issues determined in the said suit no. c1/77/2013 are the same as those raised for determination in the instant suit or second suit no. irl 60/2014 entitled peter ose assibey trading under the name and style of adehyeman foundation v. lands commission, kumasi.
3. that the learned trial judge erred in law when he held that the decision or judgment delivered in the said first suit no. c1/77/2013 operates as res judicata against the issues raised for determination in the said second or instant suit no. irl 60/2014.
4. the learned trial judge therefore erred in law when he held that the trial court had no jurisdiction to entertain the said second or instant suit no. irl 60/2014.
5. the trial judge erred in law when he failed in his duty to consider or deal with the merits of the case from the pleadings and evidence given by the plaintiff and the defendant on record and to give the appropriate judgment in the suit.
6. the learned trial judge erred in law when he failed to give judgment for the plaintiff/appellant and grant him all the reliefs he s