SAMUEL AYIM VS THE LANDS COMMISSION

The Plaintiff by a Writ of Summons and Statement of Claim filed on 7th November, 2013 instituted this instant action initially against the Defendant herein and the Attorney-General as the 2nd Defendant.

However, pursuant to an motion filed on the 2nd day of June 2016 the suit was discontinued against the Attorney-General on the 8th of June, 2016. The Plaintiff by his writ of summons and statement of claim prayed for the following reliefs from the defendant: a. Declaration that the valuation report prepared by the independent valuer represents the true and the proper values of the Plaintiff’s properties Nos.

L77 and L78; b. An order that the Plaintiff recovers the amount of GH₵ 91, 510. 00 being the difference of the actual amount paid to the Plaintiff by the Defendant in the sum of GH₵ 53, 890. 00 and the proper valuation amount of GH₵ 145, 400. 00. c. An order that the Plaintiff recovers from the Defendant the outstanding cost of the land in the sum of GH₵27, 500. 00 d. An order that all payment be made with interest at prevailing commercial bank rate from 29th June, 2011 to date of final payment.

e. Cost of the proceedings.

The facts of this case are bereft of any complexity.

The Plaintiff’s case is that, on or about 30th November, 2009 the Defendant by a letter entitled “Awoshie-Pokuase Road and Urban Development Project” informed him that his properties situate at Awoshie have been affected by the said project and would have to be demolished.

Additionally, the said letter communicated the Plaintiff’s entitlement to compensation and the modalities for computing and accessing the compensation.

The Plaintiff averred that his affected property was in two lots made up of seven stores and two (2) bedroom accommodation and identified by the Defendants as DUR/AC/APR/09/77 and DUR/AC/APR/09/78 respectively.

Property L78 is made up of three (3) commercial shops, two (2) bedrooms, a hall, kitchen, sanitary area and a porch whereas property L77 is comprised of 4 commercial shops.

The Plaintiff further avers that he was subsequently informed by two letters dated 17th March, 2011 and captioned “RE: State Lands (Statutory Wayleaves – Awoshie-Pokuase Road) Instrument, 2006. E. I. 19 Phase II.

Compensation Valuation Properties Nos.

DUR/AC/APR/09/77 and DUR/AC/APR/09/78” that compensation being recommended for the Plaintiff’s properties aforementioned are Eighteen Thousand, One Hundred and Ten Ghana Cedis (GH₵18, 110. 00) and Thirty-five Thousand, Seven Hundr