[2014]DLCA4392 • February 6, 2014 • Court of Appeal
JEAN HANNA ASSI vs. ATTORNEY GENERAL, THE EXECUTIVE SECRETARY-DIC, THE EXECUTIVE SECRETARY-CAC, THE EXECUTIVE SECRETARY-LANDS COMMISSION AND POLY PRODUCTS LIMITED
The plaintiff/respondent, Jean Hanna Assi, claimed ownership of Plot No. 2, North Industrial Area, Kaneshie, Accra, acquired in 1976 from Gabco Metals. He developed the land with factory and warehouse buildings and allowed A and B Industries to use part of it. In 1982, he was detained and deported; upon return in 1986, he found others occupying his land, including Poly Products Limited (5th defendant/appellant). He petitioned the Lands Commission and the President for the return of his land. The High Court declared his ownership valid and nullified the purported confiscation and transfers to the state and others. The 5th defendant appealed the decision.
read moreMARGARET WELBOURNE, J.A. The Background In brief the evidence of the plaintiff/respondent, Hanna Assi is that he is the owner and title holder of Plot No. 2, North Industrial Area, Kaneshie, Accra. That his root of title is Gabco Metals when he bought same from them in 1976. That the land was bare without any structure thereon. Two years later after its acquisition, he built a factory, a warehouse, and also a two floor storey building thereon. That he permitted A and B Industries, then a manufacturing company engaged in the manufacturing of corrugated iron sheets, bolts and nuts to use the warehouse and occupy the offices and that between him and the said company he is the owner of Plot No. 2, North Industrial Area, Accra. It is his case that in the early part of 1982, he was arrested and detained for eleven months without court trial of any sort. That on his release he was deported from the country even though he told the authorities at the time that he is a Ghanaian with L...