RE ACCRA INDUSTRIAL ESTATE ACQUISITION; ANKRAH AND OTHERS v. BOTOKU AND OTHERS
1966
SUPREME COURT
GHANA
CORAM
- MILLS-ODOI
- APALOO
- AKAINYAH JJ.S.C
Areas of Law
- Constitutional Law
- Property and Real Estate Law
- Evidence Law
1966
SUPREME COURT
GHANA
CORAM
AI Generated Summary
The Ghanaian government acquired land in Accra in 1952, leading to disputes over ownership among various claimants. The High Court initially ruled in favor of different claimants for distinct portions of the land. On appeal, the court preferred the claim of the fourth claimant, overturning the High Court's decision due to misjudgment of evidence and improper rejection of admissible evidence. The appeal was allowed, establishing the fourth claimant's family as the owners, except for land portions granted to the tenth and second claimants. The case emphasized the importance of statutory procedures, substantial acts of ownership, and the presumption of ownership based on possession.
Apaloo J.S.C. delivered the judgment of the court. Some time in 1952, the Government of Ghana were minded of acquiring under the Public Lands Ordinance,1 an area of land situate at Accra and lying north of Ring Road. Accordingly, the Commissioner of Lands, acting under the direction of the Minister of Housing, published a notice of this fact in the Gazette of 12 July 1952. The notice states that the land "is required for the service of the Colony and Ashanti." It would seem however that the real object of the acquisition was to constitute the area into an industrial estate. The said notice invited persons having any claims or interests in the land to send particulars of these to the Commissioner of Lands who expressed himself as willing to treat for the purchase of the land on behalf of the Governor. Following upon this, a bailiff attached to the Magistrate's Court, Accra, was entrusted with the notices of acquisition and was instructed to post these up at various places and also to serve certain specified individuals whose interests, in the opinion of the Commissioner of Lands, were likely to be affected by the proposed acquisition. The record shows that such persons were all served by 27 August 1952.
It would seem that in compliance with the request contained in the Gazette notice, twelve persons submitted claims to the Commissioner of Lands. On 21 January 1953, certificate of title was granted in favour of the government. In view of the use to which the land was to be put, it would seem that the government became afflicted with some doubt as to whether the land was validly acquired under the Public Lands Ordinance. To remove this, the government, on 29 September 1956, secured the passage into law of the Accra
[p.121]
Industrial Estate (Acquisition of Lands) Ordinance, 1956.2 Section 2 of this cured any defect that there might have been in the certificate of title. Section 4 of the Ordinance authorised the Commissioner of Lands to invite persons interested in the land to submit claims for compensation. This was presumably done by the persons who submitted written claims to the Commissioner of Lands pursuant to the Gazette notice of July 1952. These claims reveal serious conflicts as to title. Accordingly, the Commissioner of Lands, by notice, called upon all the claimants to attend before the High Court and prove their respective claims. That is the genesis of the litigation.
The parties appeared before the High Court for the first time on 16 May 1