2021
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The Court of Appeal, per Justice Janapare A. Bartels-Kodwo, dismissed an appeal arising from a long-running land compensation dispute between the Tindana of Tindonsobligo and the Awure Family of Kalbeo over land compulsorily acquired under E.I. 10 of 2004 for BOST. The parties executed a 2006 MOU agreeing to share compensation in a 60%–40% ratio. In 2007, the Lands Valuation Division paid GHc20,603 to the Appellant, labeling it Freeholder’s Reversionary Interest. After the Supreme Court’s 2016 judgment declared the Appellant the allodial owner and validated the MOU, the Respondent sought enforcement in the High Court, which ordered that the payment be shared and awarded interest on the Respondent’s 40% share. On appeal, the Appellant argued that FRIP was excluded from the MOU and challenged interest and construction. The Court of Appeal held that compensation was to be shared simpliciter under the MOU, that the FRIP label could not alter the agreement, upheld interest, and affirmed the High Court. Justices Victor Ofoe and Sophia R. Bernasko-Essah concurred.
BARTELS-KODWO J.A.
This is an appeal by the Respondent/Appellant (to be known in this judgment as the Appellant) against the ruling of the High Court, Bolgatanga dated 29th October, 2019 in which the High Court granted relief to the Respondent. The Supreme Court is stated to have dismissed this same relief against the Applicant/Respondent (to be known in this judgment as the Respondent) in 2016. By an Originating Summons filed on 11th June, 2019, at the High Court the Respondent sought to enforce the judgment of the Supreme Court dated 23rd November, 2016. The Appellant dissatisfied with the ruling of the High Court filed this Appeal.
BACKGROUND FACTS
The facts briefly are that the parties herein owned land contiguous to one another in Bolgatanga with the Appellant’s land called Tindonsobligo and the Respondent’s land at Kalibeo. It is the case that in a matter of compensation the Respondent’s predecessor took out an action in the High Court, Bolgatanga in the year 2007 seeking a declaration that the Awure Family of Kalbeo was the proper entity entitled to compensation in respect of a parcel of land acquired by the State under Executive Instrument (E.I. 10) of 2004 which was occupied by the Bulk Oil Storage and Transport Company Limited (herein after to be referred to as BOST). The Respondent made a claim for twenty thousand, six hundred and three Ghana Cedis (Ghc20,603.00) being the freehold reversionary interest in respect of 9.2 acres of land. The Land Valuation Division of Lands Commission, Bolgatanga however paid this sum to the Appellant exclusively on 5th January, 2007 in his capacity as the Tindana (owner of the land) or holder of the allodial title.
It so happened unknown to the Respondent that the Appellant’s predecessor had also made a claim for compensation in respect of the same piece of land. Unfortunately, the Land Valuation Board, Accra failed to resolve the true ownership of the land and went ahead to process the payment of the compensation which was forwarded to the Regional Land Valuation Officer, Bolgatanga for payment to the true owner of the land as acquired under E.I. 10. This led to a dispute between the Awure family who were in actual possession of the land acquired under the Executive Instrument in issue and the Tindana of Tindonsobligo who had also applied for the same compensation.
In a bid to find an amicable solution to the impasse, an out of Court settlement was reached involving the representatives of the Land Valuation