THE REPUBLIC vs. GHANA NATIONAL GAS COMPANY LTD EX PARTE: KINGS CITY DEVELOPEMNT COMPANY AND LANDS COMMISSION [2020]DLHC8916

THE REPUBLIC vs. GHANA NATIONAL GAS COMPANY LTD EX PARTE: KINGS CITY DEVELOPEMNT... [2020]DLHC8916

Date	2020-01-13
Suit No.	SUIT NO. GJ/1535/2019
Citation No.	[2020]DLHC8916

HER LADYSHIP JUSTICE JENNIFER ABENA DADZIE

EYRAM KOJO AKYEA-ANSAH ESQ.

(BEING LED BY KWAME AMANKWAH-TWUM) OF LANDMARK LEGAL ASYLUM DOWN ACCRA COUNSEL FOR THE APPLICANT

ABUBAKARI NUHU ESQ. LEGAL DEPARTMENT LANDS COMMISSION ACCRA COUNSEL FOR THE INTERESTED PARTY

ERNEST KUSI ESQ. (HOLDING BRIEF FOR NII ODOI ADOTEI ESQ.) OF AFRICA LEGAL ASSOCIATES LABONE-ACCRA COUNSEL FOR THE RESPONDENT

[2020]DLHC8916
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													<main id="main" class="content" style="min-height: 60rem" >THE REPUBLIC<o:p></o:p>vs.<o:p></o:p>GHANA NATIONAL GAS COMPANY LTD&nbsp; (RESPONDENT) EX PARTE: KINGS CITY
DEVELOPEMNT COMPANY (APPLICANT) AND LANDS COMMISSION (INTERESTED PARTY)<o:p></o:p><o:p>&nbsp;</o:p>[HIGH COURT
(COMMERCIAL DIVISION), ACCRA]<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">

<p class="MsoNormal" align="center" style="margin-bottom:0cm;margin-bottom:.0001pt;
text-align:center;line-height:115%;border:none;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0cm;mso-padding-alt:0cm 0cm 1.0pt 0cm">SUIT
NO. GJ/1535/2019&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; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; DATE: 13TH
JANUARY, 2020<o:p></o:p>

</div>COUNSEL:<o:p></o:p>EYRAM
KOJO AKYEA-ANSAH, ESQ., (BEING LED BY KWAME AMANKWAH-TWUM) OF LANDMARK LEGAL,
ASYLUM DOWN, ACCRA, COUNSEL FOR THE APPLICANT <o:p></o:p>ABUBAKARI
NUHU, ESQ., LEGAL DEPARTMENT, LANDS COMMISSION, ACCRA, COUNSEL FOR THE
INTERESTED PARTY<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;margin-left:0cm;margin-right:-36.0pt">

<p class="MsoNormal" style="margin-bottom:0cm;margin-bottom:.0001pt;text-align:
justify;line-height:115%;border:none;mso-border-bottom-alt:solid windowtext 1.5pt;
padding:0cm;mso-padding-alt:0cm 0cm 1.0pt 0cm">ERNEST KUSI, ESQ. (HOLDING
BRIEF FOR NII ODOI ADOTEI, ESQ.) OF AFRICA LEGAL ASSOCIATES, LABONE-ACCRA,
COUNSEL FOR THE RESPONDENT<o:p></o:p>

</div>&nbsp;CORAM:<o:p></o:p>HER LADYSHIP
JUSTICE JENNIFER ABENA DADZIE<o:p></o:p><div style="mso-element:para-border-div;border-top:solid windowtext 1.5pt;
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<p class="MsoNormal" align="center" style="margin-bottom:0cm;margin-bottom:.0001pt;
text-align:center;line-height:115%;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><o:p>&nbsp;</o:p>This
is an application for judicial review filed by the Applicant for an order of
mandamus against the Respondent for the payment of a sum certain as
compensation for the compulsory acquisition of land belonging to the Applicant.
<o:p></o:p>Due
to the nature of the claims of the parties involved and the issues to be
addressed in disposing of this matter, I would take my time to explain in
detail the genesis of this action. &nbsp;In
doing so I have given due consideration to the affidavit of the Applicant in
support of the application and that of the Respondent in opposition as well as
the statement of case of both parties. Due regard has also been given to the
affidavit of the Interested party, the Lands Commission. &nbsp;I have also carefully considered the oral
arguments of counsel for all the parties setting out the various positions of
the parties.<o:p></o:p>Of the parties in this action, the Applicant is
a limited liability company, engaged in the business of construction and development
of integrated mixed-use city projects in Ghana. &nbsp;The Respondent is also a limited liability
company incorporated under the laws of Ghana and carrying on the business of
building and operating infrastructure for the gathering, processing,
transportation and marketing of natural gas resources whiles the Interested
Party is a statutory agency whose function includes overseeing the sustainable
development, management and administration of public and vested lands in Ghana.<o:p></o:p>The facts
of the case, as can be gleaned from the thirty-five (35) paragraphed affidavit
deposed to by Applicant’s Project manager, is that, as a development and
construction outfit, it had obtained land of approximately 2,513.654 acres from
the Takoradiman Stool. These lands are situate at Whindo, Mpatado, Assakae and Adientem
all in the Western Region of the Republic of Ghana. &nbsp;According to the Applicant, it obtained all
the requisite permits in order to start construction of its project (see Applicant’s
Exhibit “KDC 1”) and were in
effective occupation and possession of same until in or about July 2012 when it
noticed the acts of the Respondent (the laying of gas pipelines through
portions of the land in dispute) which acts were inconsistent with Applicant’s
possession. &nbsp;Subsequently, an Executive
Instrument (E. I No. 47) was issued on July 12, 2014 declaring those affected
portions of Applicant’s lands together with some others compulsorily acquired
in the public interest (see Exhibit “KDC
3”).<o:p></o:p>The crux
of the claim of the Applicant is that the compulsory acquisition of the said
lands was made by the State on behalf of the Respondent, the beneficiaries of
the act and who in fact sponsored the purchases. This can be seen from
paragraphs 12 through to 17 of the affidavit of its project manager. Applicant
claims that after the necessary valuation and proffering of expert opinions were
done by both the Ghana Institute of Engineers and the Ministry of Planning an
offer of Sixty-nine Million, Three Hundred and Eighty-eight Thousand, six
hundred and forty two Ghana cedis and Forty-seven pesewas (GH¢69,388,642.47) was
made to it on November 9, 2018 by the Lands Commission (the Interested party)
as full and final compensation for all the heads of claims as approved by the Valuation
Technical Committee (see Exhibit “KDC 7”).
This offer was accepted by Applicant by letter, a copy of which is marked in
evidence as Exhibit “KDC 8”. Thereafter,
per Exhibit “KDC 9”, the Interested
Party wrote to the Respondent herein instructing them to pay the Applicant. <o:p></o:p>