PETER OSEI ASSIBEY VS LANDS COMMISSION
2024
SUPREME COURT
GHANA
CORAM
- LOVELACE-JOHNSON (MS.) JSC (PRESIDING)
- AMADU JSC
- KULENDI JSC
- ACKAH-YENSU (MS.) JSC
- ADJEI-FRIMPONG JSC
Areas of Law
- Property and Real Estate Law
- Civil Procedure
2024
SUPREME COURT
GHANA
CORAM
AI Generated Summary
The case concerns a land dispute over the Kejetia Playground in Kumasi, initially managed by Kumasi Metropolitan Assembly (KMA) and later leased to the Golden Stool. The Plaintiff developed the land into a recreational center in a joint venture with KMA but faced legal issues when the land was leased to others. The Plaintiff's claims of title and damages for trespass were dismissed on grounds of estoppel per rem judicatam by the High Court and the Court of Appeal. The Supreme Court affirmed these decisions, finding that the issues in the current suit were substantially the same as those in a previous suit, precluding the Plaintiff from relitigation.
ADJEI-FRIMPONG JSC:
The extent to which a judgment constitutes a bar to further litigation involving the same cause of action or the same issues continues to give rise to vexed questions in common law jurisdictions.
The perennial conundrum gave cause to a statement attributed to Somervell L. J which is cited by Sir Raymond Evershed M. R. in the case of REMNANT V SAVOY ESTATE LTD (1949)2 ALL ER 286 at 289 thus: “…res judicata may work in mysterious ways and that may be the effect of the application of the doctrine. ” Such is the mystery that has emerged from the facts of this case which is now on a second appeal before us.
The issue which is not of any wide compass turns on whether the hallowed principle of estoppel per rem judicatam in its species and variants, operated against the Plaintiff/Appellant/Appellant (herein ‘the Plaintiff’) such as to bar him from pursuing the remedies he sought in the instant suit against the Defendant/Respondent/Respondent(herein ‘the Defendant’). The bone of contention of the litigation is a parcel of land commonly referred to as the‘Kejetia Playground (property No. A-1657) situate in Kumasi.
It is said of this land that, it originally formed part of the Kumasi Town Lands (Part 1 Lands) held by the colonial administration which later became vested in the Governor of the Gold Coast pursuant to the Kumasi Lands Ordinance, Chapter 145 of 1943. At independence, the land was initially designated as a cemetery site/ground under the management of the Kumasi Municipal Council.
It was later to be reserved as an open space under its popular name Kejetia Playground and vested in the Kumasi Municipal Council pursuant to the Kumasi Town Ordinance No. 18 of 1943. The current Kumasi Metropolitan Assembly (KMA) as successor to the Council continued to manage and control the land.
According to the Plaintiff, it was whilst the land was in the control and management of the KMA that, in 1989, an advertisement was placed in “The Pioneer” Newspaper inviting a prospective developer to take over and develop it into a modern recreational center or grounds for public use.
In response to the invitation, he successfully negotiated with the KMA and took over the land which it developed into a modern recreational center.
The business was on a joint-venture arrangement between him and the KMA.
In the events that followed, the Plaintiff’s possession of the land was not without challenges.
It began with a misunderstanding between him and the KMA i