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TWIFO OIL PLANTATION PROJECT LIMITED v. AYISI AND OTHERS

May 23, 1983

COURT OF APPEAL

GHANA

CORAM

  • FRANCOIS
  • MENSA BOISON
  • ABBAN JJ.A

Areas of Law

  • Property and Real Estate Law
  • Evidence Law
  • Civil Procedure
  • Administrative Law
  • Tort Law

AI Generated Summary

Twifo Oil Palm Plantations Ltd., backed by the Central Regional Development Corporation (CERDEC), entered land at Angua Ansah within the Hemang lands to develop an oil‑palm project, claiming a sub‑lease from CERDEC. The land had been purchased in 1928 by farmers represented by Angua Ansah and Thomas Asare Yeboah groups from the Merkwa stool, and they had continuously occupied, farmed, and built villages and schools there. Although the Hemang Lands (Acquisition) Decree, 1975 (NRCD 332) vested title in the Republic, the plaintiffs remained in possession. When the defendants cut forest tracks and destroyed crops, tensions rose; Lands Department staff enumerated crops and a police ‘Striking Force’ was deployed, and the regional minister convened meetings. The High Court (Wuaku J.) declared possessory title and granted quia timet and perpetual injunctions. On appeal, the Court of Appeal held the defendants failed to prove any head lease to CERDEC or sub‑lease; the senior lands officer’s hearsay evidence was inadmissible; police and enumerators did not evidence the Republic’s possession; and mere possession sufficed against private defendants lacking a better title. The appeal was dismissed.

JUDGMENT