[2020]DLSC8776 • April 28, 2020 • Supreme Court •
OGYEADOM OBRANU KWESI ATTA VI vs. GHANA TELECOMMUNICATIONS CO LTD AND LANDS COMMISSION
The respondent, Ogyeadom Obranu Kwesi Atta VI, initiated a claim at the High Court, Agona Swedru, alleging unlawful encroachment by the applicant, Ghana Telecommunications Co Ltd, on family land and erection of a telecommunication mast. The High Court ruled in favor of the respondent, awarding damages of USD 16,009,920.00. The applicant appealed to the Court of Appeal, which dismissed the appeal. The applicant then appealed to the Supreme Court and sought a stay of execution of the Court of Appeal's judgment pending the Supreme Court appeal.
read moreGBADEGBE JSC: On April 28, we allowed the application for stay of execution in the matter herein, but reserved our reasons, which we now proceed to provide as follows. For reasons of convenience, in these proceedings, the parties will be referred to simply as the applicant and respondent. We have before us an application for stay of execution of the judgment of the Court of Appeal which dismissed the appeal of the applicant from a decision of the High Court by which it was ordered to pay to the respondent by way of damages USD 16,009,920.00. The circumstances under which the application herein is brought before us may be stated briefly as follows. The respondent initiated a claim before the High Court, Agona Swedru for certain reliefs which were based upon the applicant’s alleged unlawful acts of encroachment upon a piece or parcel of land belonging to the respondent’s family and the erection of a telecommunication tower or mast thereon. The action went to through a mixed trial...