[2021]DLSC10085 • March 31, 2021 • Supreme Court •
OGYEEDOM OBRANU KWESI ATTA VI vs. GHANA TELECOMMUNICATION CO. LTD AND LANDS COMMISSION
The case concerns a dispute over compensation for land acquired for a microwave transmission station at Gomoa Afransi. The Applicant's predecessor in title allegedly negotiated and received compensation, evidenced by receipts and letters. The Respondent was granted leave to adduce fresh evidence regarding payment of compensation and authenticity of signatures, prompting the Applicant to seek leave to adduce fresh evidence in rebuttal.
read moreDECISION OF THE COURT BY MAJOTITY KULENDI, JSC:- This Court on 30th July, 2020, by a unanimous decision, granted the 1st Respondent leave to adduce fresh evidence on Appeal. The brief facts of this case are that the 1st Respondent is the grantee of the 2nd Respondent. The Applicant issued a writ of summons against the Respondents for, among other reliefs, a declaration of title to land, an order for recovery of possession and special damages for trespass and unlawful possession. The 2nd Respondent in its Defence admitted that it had granted a lease to the 1st Respondent in good faith in the belief that the land, the subject matter of the dispute, formed a part of the larger area vested in the Government of Ghana by reason of Stool Lands (Efutu and Gomoa Ajumako Instrument, 1961 (E.1 206). The 2nd Respondent further stated that upon critical examination of available records, it had come to the realization that the land in dispute is not state-vested land as same falls outside the s...