[2010]DLSC4144 • May 19, 2010 • Supreme Court •
NII KPOBI TETTEY TSURU III vs. THE ATTORNEY-GENERAL
The plaintiff, representing the La Stool, claimed ownership of the La Wireless Station land, originally acquired by the colonial government in 1947 and leased in 1957 for use as a wireless station. The government had commenced developments on the land unrelated to the original purpose, including buildings for the Ghana @ 50 celebrations, which were later sold to private entities. The plaintiff contended this change of use violated Articles 205 and 206 of the 1992 Constitution, entitling the La Stool to first option to reacquire the land.
read moreATUGUBA, J.S.C:- This case came before us upon a reference from the High Court, Fast Track/Automated Division, Accra, presided over by Victor Ofoe, J.A. The facts as stated by him are as follows: “The property in dispute, popularly known as “La Wireless Station is the property of the plaintiff. It is not in dispute that the land of 92.490 acres was acquired pursuant to the Public Lands (Leasehold) Ordinance of 1950 by the Government of Ghana for a term of 99 years commencing from the 1st day of January, 1948. It is also not in dispute that by virtue of the Certificate of Title that was issued under the Ordinance the said land was acquired for the purposes of a “Wireless Station”. Further it is a fact that recently the Government of Ghana has entered unto the land which had hitherto been lying fallow for years and had commenced extensive developments of substantial buildings not meant for use by the Wireless Station. These said developments the government is executing thr...