THE GBESE STOOL vs. DELTA HOUSE GHANA LTD

RULING The Defendant hereinafter called the ‘Applicant’ brought this application on 27th December, 2023 to strike out the Plaintiff’s Statement of Claim as disclosing no cause of action, pursuant to the inherent jurisdiction of the Court. It is the Applicant’s case that it acquired the subject matter land as a Deed of Assignment dated 23rd November, 2001 emanating from a lease granted by the Lands Commission which is in charge of Government’s lands. The Applicant claimed to have developed the land and remained in uninterrupted possession of same. Upon expiry of the original lease, the Lands Commission has since renewed the land in favour of the Applicant. The Applicant further at paragraph 16 of its supporting affidavit noted that it is its belief that where land is acquired or vested in the Government of Ghana, all rights of the allodial title owners are extinguished by the said acquisition or vesting and so if the Plaintiff had any interest in the land at all, that inte...