THE CONVENTION PEOPLE’S PARTY (CPP) VS THE ATTORNEY GENERAL & ORS
2019
HIGH COURT
GHANA
CORAM
- HER LADYSHIP, JUSTICE GIFTY AGYEI ADDO
Areas of Law
- Civil Procedure
- Property and Real Estate Law
- Constitutional Law
2019
HIGH COURT
GHANA
CORAM
AI Generated Summary
This case involves a dispute over properties confiscated by the State in 1966, with the Convention People's Party (CPP) claiming to be the successor of the erstwhile CPP and seeking to recover these properties. The court dismissed the action on two grounds: first, the Plaintiff lacked the capacity to institute the action, as it was not the same legal entity as the erstwhile CPP and could not claim assets of NADECO Limited, a separate legal entity. Second, even if the Plaintiff had capacity, the action would be statute-barred under the Limitations Act 1971. The court emphasized the importance of establishing legal capacity in bringing a suit and reaffirmed the principle of separate legal personality for companies. The case highlights the complexities of political party succession and property rights in Ghana's legal system.
On 14th September, 2015, the Plaintiff filed a writ of summons and statement of claim against three Defendants in respect of some properties confiscated by the State in 1966. The Defendants are the 1st and 2nd Defendants herein and the State Housing Company as the 3rd Defendant. The writ of summons and statement of claim were subsequently amended on the 22nd of June, 2017, pursuant to the Order of the Court dated 23rd May, 2017, to join the Lands Commission to the suit as the 4th Defendant. The action as against the State Housing Company was discontinued on the 11th of October, 2018, for which reason there remained the three Defendants herein.
The amended writ of summons and statement of claim are endorsed with the following reliefs:
a. An order declaring the confiscation to the State of the 8-storey Republic House as property belonging to Dr. Kwame Nkrumah as wrongful, unlawful, unjust, and unwarranted having regard to the evidence available to the Azu Crabbe Commission and the Apaloo Commission.
b. An order directed at the Defendant to restore the two (2) properties to the Plaintiff forthwith.
c. An order declaring the confiscation of the Laterbiokorshie Estates (Nkrumah Flats) to the State as property belonging to Osagyefo Dr. Kwame Nkrumah as wrongful, unlawful, unjustifiable, unjust, and in violation of the principles of law and equity.
d. An order directed at the Defendant to reverse the liquidation of the NADECO and restore possession, custody, and control of NADECO’s assets to the Plaintiff forthwith.
e. A declaration that the continued confiscation of the NADECO assets is discriminatory, unlawful, and unconstitutional.
f. An order for recovery of possession by Plaintiff of all NADECO assets.
g. An order directed at the Defendants to pay compensation to the Plaintiff from the date of wrongful confiscation, that is February 1966 to the date of final determination of this case.
h. An order declaring the lease of the Republic House by the 4th Defendant to the 2nd Defendant as invalid and void.
i. An order directed at the Defendants to pay all rents accruing from the 2 properties from the date of their confiscation in 1966 into the Registry of this Court.
j. Any further or other orders as this Honourable Court will deem fit.
THE PLAINTIFF’S CASE.
The crux of the Plaintiff’s claim as contained in its amended statement of claim is that the Government of Ghana led by the Convention’s Peoples Party (CPP) was overthrown by the National Liberati