ELIZABETH NSIAH vs. LANDS COMMISSION & OTHER [2014]DLHC8217

Date	2014-04-16
Suit No.	SUIT NO. LS66/95
Citation No.	[2014]DLHC8217

HIS LORDSHIP JUSTICE JACOB B. BOON

K. A. ASANTE KROBEA FOR PLAINTIFF

KINGSLEY ATTA KARIKARI FOR THE 1ST DEFENDANT

OBENG MANU JNR. FOR THE 2ND DEFENDANT

[2014]DLHC8217
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													<main id="main" class="content" style="min-height: 60rem" >ELIZABETH
NSIAH<o:p></o:p>vs.<o:p></o:p>LANDS COMMISSION &amp; OTHER<o:p></o:p>[HIGH COURT, KUMASI]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

SUIT
NO. LS66/95&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; &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; &nbsp; &nbsp; DATE: 16TH
APRIL, 2014<o:p></o:p>

</div>COUNSEL:<o:p></o:p>K.
A. ASANTE KROBEA FOR PLAINTIFF <o:p></o:p>KINGSLEY
ATTA KARIKARI FOR THE 1ST DEFENDANT<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
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OBENG
MANU JNR. FOR THE 2ND DEFENDANT&nbsp;&nbsp;
<o:p></o:p>

</div>CORAM:<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

HIS LORDSHIP JUSTICE JACOB B. BOON<o:p></o:p>

</div><o:p>&nbsp;</o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0cm 0cm 1.0pt 0cm">

JUDGMENT<o:p></o:p>

</div>The bone of
contention in this suit is House Number OTB, 360, Kumasi. The plot on which it
stands was originally the subject of a lease between the then Governor of the
Gold Coast Colony and one Chief Yaw Berdjua of Kumasi referred to in this
action as the Atenehene at the time the property was leased to him. The lease
is in evidence as exhibits ‘A’ and ‘1’, tendered by the plaintiff and 1st
defendant respectively. It is dated 16th April, 1935, and the
property was leased to him to hold for a term of fifty years from 1st
January, 1935. On17th November, 1936, Chief Yaw Berdjuah executed a
sublease of the unexpired term of the head lease in favour of one Naja David.
The bare land was conveyed to him and, undoubtedly, he constructed the building
on it in contrast with the blatant falsity of the defendants that it was the
Atene stool which did. Be that as it may, the Administrator of the estate of
Naja David, one Wardi Naja David, surrendered the interest of Naja David to the
Atene Stool in a deed of surrender dated 2nd October, 1962, tendered
in evidence by the first defendant as exhibit ‘4’. &nbsp;At this time, Chief Yaw Berdjua had passed
away and Nana Adu Kwame II represented the Atene Stool. The head lease evinced
that the plot of land was alienated to Chief Yaw Berdjuah personally because no
reference was made to the stool in the lease, but it would appear the property
was appropriated for the Atene stool by his successors. Hence, Nana Adu Kwame
II, representing the stool, in terms of exhibit ‘5’, assigned the remaining
interests of the stool to the plaintiff herein to hold in trust for one James
Osei Kwaku Owusu who is her son. The stool sold its interest to the plaintiff
for an amount of £7,000.00. The exhibit also recorded that the consent of both
the Government, represented by Kofi Asante Ofori Atta Esquire, then Minister of
Justice of Ghana, and the late Asantehene, Nana Sir Osei Agyemang Prempeh II, as
President of Kumasi Traditional Council, were duly obtained before the
assignment was executed in favour of the plaintiff. Exhibit ‘5’, the deed of assignment,
is dated 12th December, 1963. Plaintiff took possession of the
property after the execution of exhibit ‘5’ and realizing that the head lease
was due to expire on 31st December 1984, (and not December, 1985) instructed
her lawyer to apply to the Lands Commission through the Ashanti Regional
Office, by a letter dated 22nd November, 1984 for renewal of the
lease in her favour. According to the plaintiff, after she put in her
application, she followed up to the Secretariat of the Commission in Kumasi and
upon her enquiries regarding the fate of the application was told by the lawyer
for the Commission, one Mr. Acromon to exercise patience because the area where
the disputed property is situated was to be re-zoned and assured her she would
be invited after the completion of the exercise. She said she did not hear from
the Commission until in January, 1995 when she was served with a quit notice by
the lawyer for the 2nd defendant.<o:p></o:p><o:p>&nbsp;</o:p>Whilst she continued
to possess the property even after the expiration of her assignment and waited
to be contacted by the 1st defendant, the 2nd defendant
wrote through his lawyer to the Executive Secretary of Lands Commission
applying for a grant of fresh lease of the disputed property to the Atene Stool
on the ground that the stool is the original lessee of the property. The letter
was written on 4th August, 1991, almost seven years after the
application of plaintiff to the Commission for the same purpose. It was
admitted in evidence in this trial as exhibit ‘14’. The application on behalf
of the stool, represented by Nana Boakye Yiadom Atonsa II, who is the current
occupant of the stool, found favour with the Commission as a fresh lease for a
term of fifteen (15) years, commencing 1st January, 1994 till 31st
December, 2009, at a rent of 500,000.00 old cedis per annum was granted it for
the property to be used for commercial purposes. The plaintiff became
dissatisfied with the decision of the Lands Commission &nbsp;preferring the Atene Stool to her relative to
the renewal of the lease for the disputed property though she has been in
possession since 1963 when the Stool sold its interests to her, and has mounted
this action against the Commission and the current occupant of the Atene stool.
By her amended writ of summons of 9th June, 2010 she claimed the
following reliefs against the defendants:<o:p></o:p><o:p>&nbsp;</o:p>&nbsp;(a) An
order setting aside any lease or purported lease executed in favour of the 2nd defendant by
the 1st defendant <o:p></o:p>&nbsp;(b) A declaration that the plaintiff is better
entitled to renewal of the lease in her favour.<o:p></o:p>(c) An order of perpetual
injunction restraining the defendants from interfering with plaintiff’s title
and possession of the subject property and in particular restraining the 1st
defendant from in any manner granting or renewing a lease in favour of the 2nd
defendant.<o:p></o:p>