Ghana Case Law

NYAMEKYE vrs F.K.A. COMPANY (J4/29/2024)

NYAMEKYE vrs F.K.A. COMPANY (J4/29/2024) [2024] GHASC 44 (23 October 2024)

Court

ghasc

The Plaintiff validly acquired the disputed land from the Weija Stool prior to the Defendant's grant; the Weija Stool could not make a subsequent grant to the Defendant due to nemo dat quod non habet; prior Supreme Court decision in Effah Sarkodie is binding and not departed from; Plaintiff's capacity to sue was not defeated; Defendant's arguments regarding government acquisition and capacity failed; appeal dismissed.

Source excerpt

• Customary land grants
• Trespass
• Capacity to sue
• Res judicata
• Nemo dat quod non habet
• Compulsory acquisition

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ASSIBEY VRS LANDS COMMISSION (J4/66/2019)

ASSIBEY VRS LANDS COMMISSION (J4/66/2019) [2024] GHASC 34 (10 July 2024)

Court

ghasc

The Supreme Court held that the Lands Commission, though not a named party in the prior 'Obideaba case', was a privy in interest due to its substantial involvement and the direct connection of its actions to the subject matter. The issues in both suits were substantially the same, and the Court of Appeal in the prior case had conclusively resolved all relevant issues, including the plaintiff's interest in the land, the legality of the lease to the Golden Stool, and the quantum and liability for damages. The plaintiff was therefore estopped from relitigating these matters, and the appeal was d…

Source excerpt

• Res judicata
• Estoppel per rem judicatam
• Abuse of process
• Compulsory acquisition
• Land title and interests
• Damages

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UNIVERSITY OF CAPE COAST VRS OWUSUMAH (E1/45/2021)

UNIVERSITY OF CAPE COAST VRS OWUSUMAH (E1/45/2021) [2024] GHAHC 90 (14 May 2024)

Court

ghahc

Although the Defendant's land falls within the Plaintiff's compulsorily acquired land and Defendant had no valid title, the Plaintiff is estopped from asserting its rights due to prolonged acquiescence and inaction, which encouraged the Defendant to develop the land in honest belief of ownership.

Source excerpt

• Compulsory acquisition
• Trespass
• Estoppel by acquiescence
• Limitation
• Laches

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ABUBAKAR VRS ACHEAMPONG & 2 OTHERS (LD/0880/2017)

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

Court

ghahc

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.

Source excerpt

• State land management
• Public land allocation
• Leasehold title
• Capacity to grant land
• Compulsory acquisition

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GBESE STOOL VRS DELTA HOUSE GHANA LIMITED (LD/0037/2024)

GBESE STOOL VRS DELTA HOUSE GHANA LIMITED (LD/0037/2024) [2024] GHAHC 201 (12 March 2024)

Court

ghahc

The High Court refused an application to strike out a land claim, holding that the defendant’s name and the land descriptions were doubtful and required trial.

• Company name and capacity
• Compulsory acquisition
• Jurisdiction
• Amendment of parties
• Land-law
• Civil-procedure

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FOSUA VRS PINAMANG (C1/06/19)

FOSUA VRS PINAMANG (C1/06/19) [2024] GHAHC 12 (29 February 2024)

Court

ghahc

The High Court declared family title to disputed land, found an unauthorized acquisition for a toilet project, and granted injunction, possession, damages, and costs.

• Usufructuary interest
• Declaration of title
• Trespass
• Injunction
• Compulsory acquisition
• Capacity to sue

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ADU-AMANKWAH VRS. KASSIM AND ANOTHER (LDA/0002/2023)

ADU-AMANKWAH VRS. KASSIM AND ANOTHER (LDA/0002/2023) [2024] GHAHC 145 (18 January 2024)

Court

ghahc

High Court allowed an appeal from a District Court ruling that struck out a land claim for want of capacity, holding the matter needed evidence and trial.

• Capacity to sue
• Title to land
• Compulsory acquisition
• Fraud allegations
• Summary dismissal
• Limitation of actions

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Larweh Tsuru Vrs Land Commission and Another

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

Court

High Court

The High Court granted summary judgment for the Nungua Stool in a compensation claim arising from the compulsory acquisition of 554.46 acres under E.I. 17 of 1999.

• Compulsory acquisition
• Compensation for land
• Summary judgment
• Summary-judgment
• Compulsory-acquisition
• Land-compensation

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Attorney General & Another -vrs- Mercedes Addy

Attorney General & Another -vrs- Mercedes Addy [2023] GHACA 51 (23 March 2023)

Court

ghaca

The Court of Appeal set aside a consent judgment term adding an extra year of interest, holding the trial court exceeded its jurisdiction because the parties had only agreed to one year’s interest.

• Compulsory acquisition
• Jurisdiction
• Consent judgment
• Interest on compensation
• Costs
• Consent-judgment

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THE ATTORNEY GENERAL & ANOR VS MERCEDES ADDY (H1/145/2022)

THE ATTORNEY GENERAL & ANOR VS MERCEDES ADDY (H1/145/2022) [2023] GHACA 224 (23 March 2023)

Court

Court of Appeal

Case number

H1/145/2022

The Court of Appeal set aside a consent judgment’s extra year of interest, holding the trial court exceeded its jurisdiction beyond the parties’ compromise.

• Compulsory acquisition
• Compensation
• Excess of jurisdiction
• Consent judgment
• Interest on judgment debt
• Consent-judgment

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