DANIEL ANSAH-OBIRI vs. THE ATTORNEY GENERAL & 3 ORS [2012]DLHC12077

Date	2012-07-25
Suit No.	SUIT NO. L 391/96
Citation No.	[2012]DLHC12077

HIS LORDSHIP JUSTICE JOHN AJET-NASAM

EKOW DADSON FOR AMARKAI AMARTEFIO FOR THE PLAINTIFF

NO REPRESENTATION FOR THE 1ST & 2ND DEFENDANTS

JOHN AIDOO FOR 3RD DEFENDANT

GEORGE HEWARD-MILLS FOR THE 4TH DEFENDANT

[2012]DLHC12077
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													<main id="main" class="content" style="min-height: 60rem" >DANIEL ANSAH-OBIRI<o:p></o:p>(PLAINTIFF)<o:p></o:p>vs.<o:p></o:p>THE ATTORNEY GENERAL &amp; 3 ORS<o:p></o:p>(DEFENDANTS)<o:p></o:p>[HIGH COURT, ACCRA]<o:p></o:p>&nbsp;<div style="border-top: none; border-right: none; border-left: none; border-image: initial; border-bottom-width: 1.5pt; border-bottom-color: windowtext; padding: 0cm 0cm 1pt;">

SUIT NO. L 391/96&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; DATE:
25TH&nbsp;JULY 2012<o:p></o:p>

</div>COUNSEL&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; <o:p></o:p><div style="border-top: none; border-right: none; border-left: none; border-image: initial; border-bottom-width: 1.5pt; border-bottom-color: windowtext; padding: 0cm 0cm 1pt;">

</div>CORAM<o:p></o:p>HIS
LORDSHIP JUSTICE JOHN AJET-NASAM<o:p></o:p><div style="border-top-width: 1.5pt; border-top-color: windowtext; border-left: none; border-bottom-width: 1.5pt; border-bottom-color: windowtext; border-right: none; padding: 1pt 0cm;">

<p class="MsoNormal" align="center" style="margin-bottom:0cm;margin-bottom:.0001pt;
text-align:center;border:none;mso-border-top-alt:solid windowtext 1.5pt;
mso-border-bottom-alt:solid windowtext 1.5pt;padding:0cm;mso-padding-alt:1.0pt 0cm 1.0pt 0cm">JUDGMENT<o:p></o:p>

</div>This is a case
that has travelled a distance of 16 years. The writ was issued out of the
Registry on the 13th day of June 1996 at 9:21 am. Today, I am happy
to declare the race ended by delivering the judgment in the case. The original
plaintiff, Daniel Ansah-Obiri who started the case did not see its end as he
died during the trial. He was substituted by his daughter, Glads Obiri.
Ordinarily, this case, to me should not have gone through the unpleasant
situation it did. The original plaintiff however gave evidence, and was crossed-examined
before his demise. The evidence of the plaintiff is that, he bought the land in
dispute from the Agbawe family of Adenta in 1956. He was given a document
covering the land which he registered in 1973. This document was admitted in
evidence after the court, then presided over by Justice Gyamera Tawiah of
blessed memory overruled the objection raised by Lawyer Aidoo with respect to
differences in date. The exhibit had been marked as “A”. The plaintiff further
testified that, there was a publication in the newspapers about the Government
acquiring the land somewhere in 1974. Upon instruction, his valuer submitted a
claim on his behalf in 1979. He tendered the valuer’s report as Exhibit “B”. The
land which Daniel Ansah-Obiri said he bought from the Agbawe family, he
testified that he cultivated food crops on it such as mango, cassava etc and
some poultry. Another publication was made in 1991 which again, he submitted
his valuation report.<o:p></o:p>&nbsp;The plaintiff went
ahead to testify that, he was never paid any compensation for his lawfully
acquired land from the Agbawe family of Adenta. He has however seen
developments on the land which upon his enquires, he was informed, such were upon
the orders of the State Housing Company ie the 3rd defendant herein.
Records available indicate that, after Lawyer Nyaletey came in for the Land
Valuation Board then, nothing was heard from this in institution. It never
participated in the trial. The first defendant, the Attorney General’s
Department also never partook in the trial. There hadn’t been any
representation from the Attorney General’s Department. The trial therefore
ended without the 1st and 2nd defendants taking part even
though, they had been informed, by way of hearing notices of the trial
proceedings. On the part of the 3rd &nbsp;defendant, ie State Housing Company. One
Charles Dwomoh, the Estate Officer testified. His evidence is that, the land
was granted to the 3rd defendant by the Government. Based on the grant
and by a head lease processed in 1996. He denied knowledge of the plaintiff
seeking for compensation from the State Housing Company. And that, there was no
application by the plaintiff in their records. Concluding his evidence, he
stated the land was given to them by the Government and as such no compensation
can be paid by the company to anybody else. The defence of the 4th
defendant, Nii Adjei&nbsp; Kpobi Asaawa was to
the effect that, the documents procured by the plaintiff were fraudulent. He is
the Agbawe Akutsotse of La. He testified that, his elders who are now deceased
gave the plaintiff land. Nii Kpobi Asaawa further said that Daniel Ansah-Obiri
gave the land to State Housing Company and that wasn’t right so therefore, he
has come to court to take the land back. After the evidence, the 4th
defendant sought leave to amend and for further evidence which the court
granted. Led by his counsel. He indicated that, Agbawe family acquired the land
through hunting. Nii Kpobi Asaawa indicated this time round during his evidence
that though the Government acquired the land through an Execution Instrument,
no compensation has been paid to them. He further testified that the land was
released by the Government to the State Housing Company for the building of
Estate Houses. He refuted the claim
that the plaintiff had paid for the land.<o:p></o:p>&nbsp;In the directions,
the court set down the following as the issues and additional issues to be
determined:<o:p></o:p>(a)