THE ATTORNEY GENERAL v. NII AKO NORTEI & ORS
2015
Areas of Law
- Property and Real Estate Law
- Civil Procedure
- Administrative Law
2015
AI Generated Summary
The Supreme Court set aside the Court of Appeal's ruling, which had upheld the High Court's dismissal of the Plaintiff's case on the grounds of abuse of process and lack of capacity. The Supreme Court ruled that the Plaintiff, as the governing body of Achimota School, had the capacity to bring the action and that the allegations of fraud against the 1st Defendant needed to be resolved. The case was remitted back to the High Court for further proceedings on its merits.
The Plaintiff’s claim is for
a. A declaration that the judgment of the High Court which was delivered by His Lordship Anthony Oppong, on 28th July 2011 sitting as the presiding Judge at the High Court (Lands Division) Accra in the case titled Nii Ako Nortei vrs Land Commission with case number SOL 21/10 in favour of the 1st Defendant herein who was the plaintiff therein and declared that the 1st Defendant herein is entitled to remain in possession of all that piece of land which is approximately 172.68 acres as attached to the supplementary legal submissions filed on 21st April 2011 and gave an order restraining the 2nd Defendant herein, their agents, hirelings, workmen, servants, assigns whomever and howsoever described from dealing with the said land in any way inconsistent with the possessory rights of the 1st defendant herein is not binding on the Plaintiff.
b. An order of perpetual injunction restraining defendants from acting on the said judgment.
c. An order to set aside the judgment determined on 28th July 2011, by His Lordship Justice Anthony Oppong, sitting as the presiding Judge at the High Court (Lands Division) Accra in the case titled Nii Ako Nortei v Lands Commission with case number SOL 21/10 in favour of the plaintiff/respondent herein who was the plaintiff therein and declared that the plaintiff/respondent herein is entitled to remain in possession of all that piece of land which is approximately 172.68 acres as attached to the supplementary legal submission filed on 21st April 2011 and gave an order restraining the defendant/respondent therein, their agents, hirelings, workmen, servants, assigns whomsoever and howsoever described from dealing with the said land in any way inconsistent with the possessory rights of the plaintiff/respondent herein and further awarded cost of GH¢ 5,000.00 against the 2nd defendant/respondent.
d. An order to set aside and or expunge any registration of 1st and 2nd defendants as owner of the land in the Land Registry.
e. Declaration that the judgment of the High Court by His Lordship Justice Anthony Oppong, sitting as the presiding judge at the High Court (Lands Division) Accra in the case titled Nii Ako Nortei v Lands Commission with case number SOL 21/10 in favour of the 1st defendant herein is null and void and of no effect.” Emphasis
Following the service on the Defendants therein of the writ referred to supra, the 1st Defendant herein filed an application praying that the action against them be dis