Larweh Tsuru Vrs Land Commission and Another [2023] GHAHC 113 (3 July 2023)

Larweh Tsuru Vrs Land Commission and Another [2023] GHAHC 113 (3 July 2023)

Defendants have no defence to the compensation claim for land acquired under E.I. 17 of 1999; summary judgment is warranted as no triable issues exist.

Citation
[2023] GHAHC 113
Parties
Plaintiff/applicant: Numo Borketey Larweh Tsuru (Gborbu Wulomo and Shitse of Nungua Traditional Area); Plaintiff/applicant: Nii Oboade Notse King Prof. Odaifio Welentsi III (Paramount Chief of Nungua); Defendant/respondent: Lands Commission; Defendant/respondent: Attorney General
Court
High Court
Jurisdiction
Ghana
Judgment Date
3 July 2023
Procedural Posture
Civil / Summary Judgment
Outcome
summary judgment for plaintiffs
Legal Topics
Compulsory Acquisition, Compensation for Land, Summary Judgment
Source Language
English
Land Law Constitutional Law Compulsory Acquisition Compensation for Land Summary Judgment

Case Brief

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Parties

Numo Borketey Larweh Tsuru (Gborbu Wulomo and Shitse of Nungua Traditional Area)

Plaintiff/applicant

Nii Oboade Notse King Prof. Odaifio Welentsi III (Paramount Chief of Nungua)

Plaintiff/applicant

Lands Commission

Defendant/respondent

Attorney General

Defendant/respondent

Procedural Posture

Civil / Summary Judgment

Legal Issues

  1. 1 Whether the Government of Ghana lawfully acquired 554.46 acres of land from the Nungua Stool by Executive Instrument No. E.I. 17 of 1999
  2. 2 Whether the Plaintiffs are entitled to compensation for the compulsory acquisition
  3. 3 Whether there is any triable issue warranting a full trial

Ratio Decidendi

Defendants have no defence to the compensation claim for land acquired under E.I. 17 of 1999; summary judgment is warranted as no triable issues exist.

Court Disposition

summary judgment for plaintiffs

Orders

  • Declaration that Government of Ghana acquired 554.46 acres of land by E.I. 17 of 1999
  • Government to pay GH¢1,494,270.00 as compensation