OGYEEDOM OBRANU KWESI ATTA VI vs GHANA TELECOMMUNICATIONS CO. LTD., LANDS COMMISSION

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 to the Defendant (Ghana Telecommunications Co. Ltd.) by the Lands Commission. The Defendant claimed lawful possession through compulsory acquisition by the State for the Post and Telecommunications Corporation (P&T), statutory conversion to a limited liability company, and subsequent lease. The Plaintiff alleged trespass and sought declarations of ownership and nullification of the lease. The Defendant contended adverse possession and statutory acquisition with compensation paid to the Plaintiff's predecessor.

JUDGMENT 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 concludi.....