BIZZACO LIMITED (PLAINTIFF/APPELLANT) vs. ACCRA METROPOLITAN ASSEMBLY (DEFENDANT/RESPONDENT)

The plaintiff, Bizzaco Limited, applied to the Accra Metropolitan Assembly (AMA) for a piece of land at Abelenkpe, Greater Accra Region, initially receiving a temporary permit and later an assignment for five years to operate a washing bay. The plaintiff invested approximately Gh¢486,190.19 in business operations and construction on the land. Subsequently, National Security operatives demolished the plaintiff's property, asserting the land belonged to the Government and not AMA. The plaintiff sued AMA for damages, alleging wrongful grant and misrepresentation leading to loss of investment. AMA contended that the permit was temporary, forbade permanent structures, and that the plaintiff breached terms by erecting structures without permits. AMA denied liability, asserting it lacked authority to alienate government land and that the plaintiff was aware the land was government property.

MARIAMA OWUSU, J.A.: On 5th of April, 2016, the High Court, Commercial Division, Accra, dismissed the action of the plaintiff against the defendant. In his judgment, the trial court held among others as follows: “clearly then, alienation of an immovable property is not within the scope of The Sale of Goods Act. With the plaintiff having failed to prove that defendant misled it into coming unto the land, defendant cannot accordingly be held liable for the destruction to the property or investment made by the plaintiff and the latter has no cause of action against A.M.A. In the premises, it would be futile for the court to proceed to vet the bill of quantity submitted by PW1. The action of plaintiff against A.M.A. is accordingly dismissed in its entirety. I will award cost of Gh¢6,000.00 against plaintiff.” Dissatisfied with the decision of the trial court, the plaintiff mounted an appeal on the following grounds: 1. The judgment is not supported by the weight of evidence a...