Obeng and Another Vrs Kumasi Metropolitan Assembly (kma) and Another [2017] GHASC 20 (14 June 2017)

Obeng and Another Vrs Kumasi Metropolitan Assembly (kma) and Another [2017] GHASC 20 (14 June 2017)

The Plaintiffs failed to comply with the mandatory statutory notice requirements under section 127 of the Local Government Act, 1993 (Act 462), as the notice did not specify the names, place of abode, or explicit reliefs sought. This non-compliance is fatal to the action and deprives the court of jurisdiction. The Court of Appeal erred in holding otherwise, and the High Court’s decision to set aside the writ is restored.

Citation
[2017] GHASC 20
Parties
Plaintiff/appellant/respondent: Kwabena Obeng (for himself and on behalf of Kejetia Traders Association); Plaintiff/appellant/respondent: Eric Akwasi Prempeh (for himself and on behalf of Kejetia Petty Traders Association); Defendant/respondent/appellant: Kumasi Metropolitan Assembly (KMA); Defendant/respondent/appellant: Kojo Bonsu
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
14 June 2017
Procedural Posture
Civil Appeal / Final Appellate Judgment (supreme Court)
Outcome
appeal allowed; suit set aside for want of statutory compliance
Legal Topics
Statutory Notice Requirements, Jurisdiction, Compensation for Compulsory Acquisition, Procedural Compliance
Source Language
English
Administrative Law Local Government Law Civil Procedure Statutory Notice Requirements Jurisdiction Compensation for Compulsory Acquisition Procedural Compliance

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Parties

Kwabena Obeng (for himself and on behalf of Kejetia Traders Association)

Plaintiff/appellant/respondent

Eric Akwasi Prempeh (for himself and on behalf of Kejetia Petty Traders Association)

Plaintiff/appellant/respondent

Kumasi Metropolitan Assembly (KMA)

Defendant/respondent/appellant

Kojo Bonsu

Defendant/respondent/appellant

Procedural Posture

Civil Appeal / Final Appellate Judgment (supreme Court)

Legal Issues

  1. 1 Whether the Plaintiffs complied with the statutory notice requirements under section 127 of the Local Government Act, 1993 (Act 462) before commencing suit against the Kumasi Metropolitan Assembly.
  2. 2 Whether failure to comply with section 127 of Act 462 is fatal to the Plaintiffs’ action.
  3. 3 Whether the procedure for compensation under section 56 of Act 462 is mandatory or discretionary.

Ratio Decidendi

The Plaintiffs failed to comply with the mandatory statutory notice requirements under section 127 of the Local Government Act, 1993 (Act 462), as the notice did not specify the names, place of abode, or explicit reliefs sought. This non-compliance is fatal to the action and deprives the court of jurisdiction. The Court of Appeal erred in holding otherwise, and the High Court’s decision to set aside the writ is restored.

Court Disposition

appeal allowed; suit set aside for want of statutory compliance

Orders

  • Judgment of the Court of Appeal dated 19th November 2015 set aside.
  • Judgment of the High Court dated 27th July 2015 restored.