STATE INSURANCE CORPORATION vs. BOTCHWAY

LAMPTEY JA. On 2nd October 1987 one Ebenezer Tetteh Amartei, in his capacity as Head of Nii Amarh Sagblah Family of Osu on behalf of the said Family and people of Haatso, (hereinafter referred to as “the plaintiff”) sued the State Insurance Corporation (hereinafter referred to as “the corporation”) and sought the reliefs endorsed on the writ of summons. In due course, the Attorney-General was by an order of the court joined as 2nd defendant. Briefly put, the claim of the plaintiff was that the President had no lawful power to compulsorily acquire land for the benefit, use and purposes of the corporation. The plaintiff further claimed that the entry of the corporation on the land in dispute constituted actionable trespass. The defence put forward by the corporation and the Attorney-General was that the President had lawful authority to acquire the land in dispute and to vest it in the corporation. At the end of the trial on the merits, judgment was entered for the plaintiff for ...