OGYEEDOM OBRANU KWESI ATTA VI vs. GHANA TELECOMMUNICATIONS CO. LTD. & ANOR

The dispute concerns ownership and possession of a parcel of land at Gomoa Afransi near Agona Swedru within the Efutu and Gomoa Adjumako Traditional Area. The Plaintiff, representing the Twidan Royal Family, challenged the validity of a 50-year lease granted by the Lands Commission to the Defendant (Ghana Telecommunications Co. Ltd.) for the land, alleging trespass and unlawful possession. The Defendant claimed lawful possession through compulsory acquisition by the Government for the Post and Telecommunications Corporation (P&T), statutory conversion to a limited liability company, and a subsequent lease. The Plaintiff alleged forgery of compensation payment documents and non-payment of adequate compensation for the land acquisition.

OWUSU (MS.) JSC:- On 29TH May, 2019, the Court of Appeal dismissed the appeal of the 1ST Defendant/Appellant/Appellant and affirmed the judgment of the High Court, dated 10TH May, 2017. Dissatisfied with the decision of the Court of Appeal, the 1ST Defendant/Appellant/Appellant mounted this appeal on the following grounds: a. That the Court of Appeal erred in concluding that the erstwhile Post and Telecommunication Corporation (P & T) did not have legal title in the land to pass it to the Defendant. b. That the Court of Appeal erred in concluding that the P & T could be described as a Statutory Licencee. c. That the Court of Appeal erred in concluding that the use of the land by P & T cannot be adverse to the rights of the Customary Land Owners. d. That the Court of Appeal erred in affirming the trial Judge’s judgment on admission regarding the scope and validity of the Lands (Efutu and Gomoa Adjumako) Instrument. e. That the Court of Appeal erred in concluding that .....