Kaleem Vrslands Commission & 2 Ors [2020] GHASC 123 (13 May 2020)

Kaleem Vrslands Commission & 2 Ors [2020] GHASC 123 (13 May 2020)

The Supreme Court found that the Kaladan lands were compulsorily acquired by the state under Cap 111, extinguishing all previous interests. The lower courts erred in shifting the burden of proof to the appellant and in holding that the land reverted to the Dakpema skin after military use ceased. There was no accrued right to reversion under the repealed statute, and the land remained state land managed by the Lands Commission. The appeal was allowed, and the judgments of the lower courts were set aside.

Citation
[2020] GHASC 123
Parties
Plaintiff/respondent/respondent: Dakpem Zobogu-Naa Henry A. Kaleem (substituted by Richard Adams); 1st Defendant/appellant/appellant: Lands Commission, Northern Region; 2nd Defendant: Attorney-General; 3rd Defendant: Dakpema Alhassan Mohammed Dawuni
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
13 May 2020
Procedural Posture
Civil Appeal / Supreme Court Final Appeal
Outcome
Appeal allowed
Legal Topics
Compulsory Acquisition, Vested Lands, Burden of Proof, Statutory Interpretation, Reversion of State Acquired Land
Source Language
English
Land Law Constitutional Law Administrative Law Compulsory Acquisition Vested Lands Burden of Proof Statutory Interpretation Reversion of State Acquired Land

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Parties

Dakpem Zobogu-Naa Henry A. Kaleem (substituted by Richard Adams)

Plaintiff/respondent/respondent

Lands Commission, Northern Region

1st Defendant/appellant/appellant

Attorney-General

2nd Defendant

Dakpema Alhassan Mohammed Dawuni

3rd Defendant

Procedural Posture

Civil Appeal / Supreme Court Final Appeal

Legal Issues

  1. 1 Whether the Kaladan lands were compulsorily acquired by the state or merely vested for administration
  2. 2 Whether the burden of proof was properly applied in the lower courts
  3. 3 Whether the land reverted to the Dakpema skin after the military ceased occupation

Ratio Decidendi

The Supreme Court found that the Kaladan lands were compulsorily acquired by the state under Cap 111, extinguishing all previous interests. The lower courts erred in shifting the burden of proof to the appellant and in holding that the land reverted to the Dakpema skin after military use ceased. There was no accrued right to reversion under the repealed statute, and the land remained state land managed by the Lands Commission. The appeal was allowed, and the judgments of the lower courts were set aside.

Court Disposition

Appeal allowed

Orders

  • Judgment and all orders of the Court of Appeal set aside
  • No reversion of the Kaladan land to the Dakpema skin