Nii Kofi La Family Vrs Attorney General [2015] GHASC 136 (28 May 2015)

Nii Kofi La Family Vrs Attorney General [2015] GHASC 136 (28 May 2015)

The Supreme Court held that the land in dispute fell within the area compulsorily acquired by the Government in 1944 under Certificate of Title No. 404/1944, which conferred an indefeasible right to the State. The certificate was valid and regular, and the presumption of regularity was not rebutted. The plaintiff failed to prove entitlement to the land or that the acquisition was invalid. The appeal was dismissed and judgment entered for the defendant on the counterclaim.

Citation
[2015] GHASC 136
Parties
Plaintiff/appellant: Nii Kofi La Family (suing per their lawful attorney Anyetei Nunoo); Defendant/respondent: The Attorney General
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
28 May 2015
Procedural Posture
Civil Appeal / Supreme Court Final Judgment
Outcome
Appeal dismissed; judgment for defendant/respondent on counterclaim.
Legal Topics
Compulsory Acquisition, Title to Land, Compensation for Acquisition, Evidence Presumptions, Jurisdiction
Source Language
English
Land Law Public Law Compulsory Acquisition Title to Land Compensation for Acquisition Evidence Presumptions Jurisdiction

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Parties

Nii Kofi La Family (suing per their lawful attorney Anyetei Nunoo)

Plaintiff/appellant

The Attorney General

Defendant/respondent

Procedural Posture

Civil Appeal / Supreme Court Final Judgment

Legal Issues

  1. 1 Whether the land in dispute was lawfully acquired by the Government under the Public Lands Ordinance, 1876 (Cap 134)
  2. 2 Whether compensation was paid for the acquisition of the land
  3. 3 Whether the plaintiff is entitled to a declaration of title to the land

Ratio Decidendi

The Supreme Court held that the land in dispute fell within the area compulsorily acquired by the Government in 1944 under Certificate of Title No. 404/1944, which conferred an indefeasible right to the State. The certificate was valid and regular, and the presumption of regularity was not rebutted. The plaintiff failed to prove entitlement to the land or that the acquisition was invalid. The appeal was dismissed and judgment entered for the defendant on the counterclaim.

Court Disposition

Appeal dismissed; judgment for defendant/respondent on counterclaim.

Orders

  • Plaintiff's claims dismissed.
  • Judgment entered for the defendant/respondent on the counterclaim.