ABUBAKAR VRS ACHEAMPONG & 2 OTHERS (LD/0880/2017) [2024] GHAHC 24 (25 March 2024)

ABUBAKAR VRS ACHEAMPONG & 2 OTHERS (LD/0880/2017) [2024] GHAHC 24 (25 March 2024)

The disputed land is state land, never specifically vested in the Ghana Railway Development Authority or its predecessors, and thus could not be lawfully granted by them to the Plaintiff. Only the Lands Commission, acting on behalf of the President, has the constitutional and statutory mandate to manage and grant leases over such land. The 3rd Defendant's title, derived from the Lands Commission, is valid; the Plaintiff's claim fails for lack of capacity and title.

Citation
ABUBAKAR VRS ACHEAMPONG & 2 OTHERS (LD/0880/2017) [2024] GHAHC 24 (25 March 2024)
Parties
Plaintiff: Alhaji Sadiq Abubakar; 1st Defendant: Berchie Acheamfour; 2nd Defendant: Lands Commission; 3rd Defendant: Liberty Capital (GH) Limited
Court
ghahc
Jurisdiction
Ghana
Judgment Date
25 March 2024
Procedural Posture
Civil (land Dispute) / Judgment
Outcome
Plaintiff's claim dismissed; judgment for 3rd Defendant on counterclaim.
Legal Topics
State Land Management, Public Land Allocation, Leasehold Title, Capacity to Grant Land, Compulsory Acquisition
Source Language
eng
Land Law Constitutional Law Administrative Law State Land Management Public Land Allocation Leasehold Title Capacity to Grant Land Compulsory Acquisition

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Parties

Alhaji Sadiq Abubakar

Plaintiff

Berchie Acheamfour

1st Defendant

Lands Commission

2nd Defendant

Liberty Capital (GH) Limited

3rd Defendant

Procedural Posture

Civil (land Dispute) / Judgment

Legal Issues

  1. 1 Whether the Plaintiff is the bonafide owner of the disputed land
  2. 2 Whether the land in dispute is state land
  3. 3 Whether the 2nd Defendant (Lands Commission) can grant a lease and land certificate to the 3rd Defendant

Ratio Decidendi

The disputed land is state land, never specifically vested in the Ghana Railway Development Authority or its predecessors, and thus could not be lawfully granted by them to the Plaintiff. Only the Lands Commission, acting on behalf of the President, has the constitutional and statutory mandate to manage and grant leases over such land. The 3rd Defendant's title, derived from the Lands Commission, is valid; the Plaintiff's claim fails for lack of capacity and title.

Court Disposition

Plaintiff's claim dismissed; judgment for 3rd Defendant on counterclaim.

Orders

  • Declaration that 3rd Defendant is the lawful leasehold owner of the disputed land (Plot Nos. 1 and 2, approx. 1.19 acres at Abofu North, Accra)
  • Perpetual injunction restraining Plaintiff and those claiming through him from dealing with the land