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NSIAH V. ASARE & ORS

(1959) JELR 63661 (HC)

High Court  •  17 Jan 1959  •  Ghana

Coram
OLLENNU J.

Judgement

OLLENNU J.: (His lordship stated the facts and history of the case, and proceeded;-)

Apart from the general legal right which any citizen has to assert his title to any land which he bona fide believes to be his property, there is a statutory right, given by the Public Lands Ordinance to anyone who claims to be entitled to compensation for land acquired for public purposes, to submit his claim to the Commissioner of Lands within three months of the service and publication of the notice of acquisition. This right is conferred by sections 6 and 7 of the Ordinance. It is not an actionable wrong in any person, therefore, that he should make a claim for compensation when another person who also claims to be entitled to compensation in respect of the same acquisition, also submits his claim as required by the Ordinance.

Indeed, section 8 of the Ordinance (with which I shall deal presently) anticipates that there may be more than one claimant, and makes provision for dealing with such a situat…

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