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AUGUSTA AKWELEY ANNANG V. ACCRA METROPOLITAN ASSEMBLY AND MAJOR (RTD.) AWUAH

(2015) JELR 67309 (CA)

Court of Appeal  •  CIVIL SUIT: NO: H1/221/2013  •  9 Jul 2015  •  Ghana

Coram
KUSI-APPIAH (J.A.) - PRESIDING, DORDZIE (MRS.) (J.A.), MENSAH (J.A.)

Judgement

KUSI-APPIAH, J.A.:

The only issue that arises for determination in this appeal is whether the High Court, Accra, Land Division was right in holding that the appellant’s action, having not been commenced within the period prescribed by Section 127A of the Local Government Act, 1993 (Act 462) was statute barred.

The appellant’s claim in the High Court (Land Division) Accra was for:

“a. special damages

i. Cost of building destroyed ¢1,563,750.00

ii. Cost of valuation

b. General damages

c. Perpetual injunction restraining defendants from carrying on any demolition on plaintiff’s land without due process of law.

d. Order that the plaintiff be granted her building permit by 1st defendant.

The facts relied on by the parties to establish their respective cases were not complicated. The appellant’s case was that she is the owner of plots of land situate and lying at Okpobi Gonno, Teshie in Accra. The appellant claimed to have acquired her land from Numo Adjei Kwankwo II, the Osabu and Ayiku Wulomo of T…

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