THE REPUBLIC VS GHANA NATIONAL GAS COMPANY LTD. & ORS
2018
HIGH COURT
GHANA
CORAM
- HER LADYSHIP, JUSTICE GIFTY AGYEI ADDO
Areas of Law
- Civil Procedure
- Property and Real Estate Law
2018
HIGH COURT
GHANA
CORAM
AI Generated Summary
This case involves a dispute over compensation for land compulsorily acquired for the Ghana Gas Project at Atuabo. The Applicants filed a suit in the High Court in Accra seeking compensation, but the 3rd Respondent objected, arguing that a related case determining land ownership was pending in the High Court, Sekondi. The judge agreed that the High Court in Sekondi was the proper forum for this case, as it would allow for a complete determination of all matters related to the land, including ownership and compensation. The judge decided to inform the Chief Justice to transfer the case to the High Court in Sekondi, citing the need to avoid piecemeal determination of related issues by different courts and to ensure that the rightful owners of the land are identified before compensation is awarded.
On 29th January 2018, the Applicant originated the instant suit before me praying for an order of this Court upon the Respondents to pay them the requisite compensation, relying on their application to the Respondents as well as their claim of ownership of lands situate in the Nzema Area which had been compulsorily acquired for the Ghana Gas Project at Atuabo.
The application of 29th January, 2018 suffered an amendment with the Applicants filing the said amendment on 12th October, 2018. It is the amended motion supported by an affidavit which I am seized to look at.
The Respondents have opposed the application having filed an affidavit to that effect.
However, before the suit could take its first tortious steps towards determination, the 3rd Respondents filed a notice of preliminary objection to the suit on 29th October, 2018, on the following grounds: a. That the Constitutional provisions under which the application is made are inapplicable in so far as title to the disputed land which is the subject matter of the compensation remains to be determined.
b. That there is currently pending before the High Court, Sekondi, a writ of summons and statement of claim initiated by the 3rd Respondent in which the Applicants are parties and by which a declaration of title and the payment of compensation from the disputed land are issues for trial and which remain unresolved.
c. That the proper forum for the present suit is the High Court, Sekondi.
I need to mention that as expected, the Applicants opposed this legal objection by filing an affidavit to that effect on 1st November, 2018. The opposition was however withdrawn at the hearing of the objection and same was accordingly struck out as such.
Upon hearing the objection on the grounds placed before me, I am of the view that the proper forum for the present suit should be the High Court, Sekondi.
During the pendency of the suit, the 3rd Respondent applied to be joined to the suit on 2nd March 2018 and same was granted.
Through the route of the joinder application, a number of Exhibits have been placed on the records of this suit, including Exhibit ‘EA2’, which is an action pending before the High Court, Sekondi.
The parties in that suit, that is, Exhibit ‘EA2’ include one Ebusuapanyin Patrick Erzoah Tandoh who has sued in a representative capacity for and on behalf of Appolonia Family of Esiama as well as for himself.
This Plaintiff is the 3rd Respondent before me in the instant suit here in the Greater