VOLTA RIVER AUTHORITY v. HENRY YAO KLU & ORS
2018
COURT OF APPEAL
GHANA
CORAM
- K. A. ACQUAYE JA (PRESIDING)
- S. K. GYAN JA
- M. M. AGYEMANG (MRS.) JA
Areas of Law
- Civil Procedure
- Property and Real Estate Law
- Administrative Law
2018
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
On appeal from the High Court in Ho, the Volta River Authority challenged a judgment awarding landowners along the Ho–Mafi Asiakpe transmission corridor compensation for their land, following an earlier valuation ordered in 2004. Justice M. M. Agyemang JA, writing for the Court of Appeal, recounted that the electrification project began in the 1970s and concluded by 1985, when compensation was paid for crops and buildings. In 2007 the landowners sought payment for the land itself, alleging fraud due to the absence of an Executive Instrument under Act 186 and claiming their land had become unusable. The Court held that limitation is a jurisdictional bar and classified the claim as one to recover monies due under an enactment, attracting a six‑year period under section 4(f) of NRCD 54. Because the cause accrued before 1985 and fraud was not proved, the suit was statute‑barred. Res judicata did not apply because the 2004 suit was not decided on the merits. The High Court’s judgment was set aside; no costs were awarded. Acquaye JA and Gyan JA agreed.
AGYEMANG JA:
In this appeal against the judgment of the High Court Ho, delivered on the 21st day of July 2015, the defendant/appellant (hereafter referred to as the defendant) seeks the setting aside of the judgment of the court below, and entry of judgment in favour of the defendant.
These are the matters antecedent to the appeal.
Sometime in the 1970’s the defendant, in pursuance of a project to extend electricity to the Volta Region, commenced engagement with the local authorities in the Volta Region. In further pursuance of the project, the defendant contacted persons who owned farms and buildings on land situate at the following areas of the Volta Region: Mafi Asiakpe, through Adaklu, to Ho and its environs.
Upon the understanding that the project would include the construction of electricity transmission lines, that is, the passing of high tension cables upon the erection of pylons, the owners of the farms and buildings in the areas specified were notified that a right of way for the purpose had been created through their lands. They were thus expected to yield their land to the Government for the purpose, and be paid compensation.
So it was that the plaintiffs were paid compensation, not for the land on which the transmission lines passed, but for the damaged crops and buildings on the affected lands. The electrification project was concluded in 1986.
In 2004, the plaintiffs commenced an action against the defendant seeking an order for the lands belonging to the plaintiffs to be valued for the payment of compensation to them. The court granted the order for the valuation of the lands at the expense of the plaintiffs, without the further order for the payment of compensation.
The parties then in 2007, commenced the instant suit at the court below, seeking the following reliefs: the payment of the sum of GHC1,124,984.25, being the amount found due upon the valuation of the land by the Land Valuation Board, pursuant to the order of the court made in the earlier 2004 suit. The plaintiffs also asked for the sum of GHC5,000 being the sum of money paid by the plaintiffs for the said valuation to be carried out.
After pleadings were closed, the court, upon application by the defendant, gave directions at the Application for Directions stage for the issues arising out of the pleadings to be resolved by legal arguments. The plaintiffs then amended their statement of claim to allege that their lands were taken from them wrongfully without the proper c