Eskwai logo
Verify now as a student, judge or newly called lawyer for access to discounted plans.

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

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.

JUDGMENT