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MRS. MARGARET MARY ADJEI V. THE ATTORNEY GENERAL, THE EXECUTIVE SECRETARY LANDS COMMISSION AND PROF. KOJO SENANU

(2017) JELR 68848 (SC)

Supreme Court  •  CIVIL APPEAL NO. J4/49/2014  •  19 Dec 2017  •  Ghana

Coram
AKUFFO CJ (PRESIDING), DOTSE JSC, BAFFOE-BONNIE JSC, GBADEGBE JSC, PWAMANG JSC

Judgement

AKUFFO, CJ

Brief Background of the Case

On 6th September 2005, the Appellant (hereinafter referred to as “the Appellant”) commenced an action against the Respondents in the High Court, Land Division, Accra, for a declaration of title to the land described in the writ of summons, and for other reliefs. In her Statement of Claim, the Appellant averred, among other things, that by an indenture registered at the Deeds Registry, Accra as number 840/1962, she was, as a subject of Osu, granted a large piece of land, of which the land in dispute herein forms a part, by Nii Noi Dowuona IV, the Osu Mantse at the time. Of particular significance are paragraphs 7 and 8 of the Statement of Claim, which are in the following terms:-

“On 9th September 1964 whilst the Plaintiff herein, was in effective possession, an Executive Instrument No. 108 purported to have compulsorily acquired the land under subsection (1) of Section 7 of the Administration of Lands Act, 1962 (Act 123).
“By virtue of the said Exec…

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