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OGYEEDOM OBRANU KWESI ATTA IV V. GHANA TELECOMMUNICATIONS CO. LTD & LANDS COMMISSION

(2023) JELR 111296 (SC)

Supreme Court  •  SUIT NO. J8/96/2020  •  5 Jun 2023  •  Ghana

Coram
DOTSE J.S.C., (PRESIDING), PROF. KOTEY J.S.C., OWUSU J.S.C., PROF. MENSA-BONSU J.S.C., KULENDI J.S.C.

Appearances
ACE ANAN ANKOMAH with GLORIA COFIE & SHIRLEY OTU for 1st Defendant/Appellant/Appellant; AKOTO AMPAW with ALEXANDER K.K ABAN, NICHOLAS LENIN ANANE ADJEI, and KUSI PATRICK ADU-AMANKWAH for Plaintiff/Respondent/Respondent.

Judgement

JUDGMENT

KULENDI, JSC

On 29th May, 2019, the Court of Appeal dismissed the appeal of the 1st Defendant/Appellant/Appellant and affirmed the judgment of the High Court, dated 10th May, 2017.

Dissatisfied with the decision of the Court of Appeal, the 1st Defendant/Appellant/Appellant mounted this appeal on the following grounds:

a. That the Court of Appeal erred in concluding that the erstwhile Post and Telecommunication Corporation (P and T) did not have legal title in the land to pass it to the Defendant.

b. That the Court of Appeal erred in concluding that the P and T could be described as a Statutory Licencee.

c. That the Court of Appeal erred in concluding that the use of the land by P and T cannot be adverse to the rights of the Customary Land Owners.

d. That the Court of Appeal erred in affirming the trial Judge’s judgment on admission regarding the scope and validity of the Lands (Efutu and Gomoa Adjumako) Instrument.

e. That the Court of Appeal erred in concluding that the Defendant co…

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