Court rules against Ghana Lands Commission

The Lands Court, a Division of the High Court, on Thursday dismissed an application filed by the Lands Commission (LC) against F.K.A. Company in connection with 95.2 acres of land situated at new Weija.

The court also dismissed an interlocutory injunction restraining the Company and its assigns from trespassing on the land and awarded GH¢1,000 cost against the Commission.

The Lands Commission on November 9, 2010, commenced an action at the court against the Company on the use of a judgment to demolish properties on the land.

The Commission in a statement of claim stated that the land which was the subject matter of the suit was compulsorily acquired by the Government of Ghana from the Weija Stool in 1959 under Certificate of Title registered at the Deeds Registry as government farm.

It prayed the court to declare the title to the 95.2 acres of land situated at new Weija and set aside an earlier judgment of the High Court involving the Company which relates to the same issue.

The Commission also prayed the court to place a perpetual injunction restraining the defendant (the Company), its agents, assigns and workmen from trespassing on the plaintiffs (Commission) land and carrying out any activities.

However, the Company in its statement of defence denied all the claims of the Commission.

The defendant stated that the company in 1980 was granted large parcel of land by way of customary by the Weija Stool and immediately went into possession and subsequently affirmed in writing.

Mrs Agnes Dordzie, an Appeal Court Judge sitting additionally as a High Court judge in her ruling said the High Court in its earlier judgment ruled in favour of the defendant (the Company).

She said the defendant was also declared owner of the land and given recovery of possession and all other claimants of title to the land that they had been restrained from laying claim to.

Mrs Dordzie said judgment of the High Court was confirmed by the Court of Appeal and exhibits showed the Supreme Court’s earlier decisions of the High Court and Court of Appeal.

She said the argument by Lands Commission that they were not party to a suit filed by the defence did not mean the decision of the court in relation to the land in contention was not binding on them.

Mrs Dordzie said the issue of declaration of the title to the land had been settled by the Supreme Court as far back as 2008.

“For in a situation such as the Lands Commission to come back to this court with a writ seeking the relief that have been already decided by the Supreme Court is by way asking the High Court to set aside the Supreme Court’s decision.”

“This I can best describe is an attempt to undermine the integrity of the Court. And I seriously frown on the conduct of the Lands Commission and the Counsel involved in this suit,” she said.

Source: GNA

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