MARIAMA OWUSU, J.A.
On 1st of February 2010, the High Court, Accra, dismissed the plaintiff’s claim against all the defendants as not proved. The Court awarded the 2nd to 4th defendants costs of One Thousand Ghana Cedis [GH¢1,000.000]. In coming to this conclusion, the trial judge held among other things as follows;
“I have no doubt in my mind that PW1’s family allocated the land to the plaintiff because they, that is, the government had left the rest. In my view where land has been acquired by government but there has been a failure to use the land or part thereof for the purpose for which it was acquired it does not lie in the power of any person or authority to take possession or ownership of the land.
By clause 6 of Article 20 of the 1992 constitution where land is not used as above stated the following may happen:
(i) The pre-acquisition owners of the land shall have first option to re-acquire the land
(ii) The whole of the compensation paid to the pre-acquisition owners or part there…