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NII KPOBI TETTEY TSURU III
V.
THE ATTORNEY-GENERAL

(2010) JELR 68520 (SC)

Supreme Court 19 May 2010 Ghana
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- The Supreme Court held that Article 20(5) and (6) of the 1992 Constitution, which grant original owners a right of first option to reacquire compulsorily acquired land no longer required for its original public purpose, do not operate ret

Case Details

Suit Number:REFERENCE NO. J6/1/2009
Judges:ATUGUBA JSC (PRESIDING), ANSAH JSC, OWUSU (MS) JSC, DOTSE JSC, BAFFOE-BONNIE, JSC
Counsel:WILLIAM ADOTEI ADDO FOR THE PLAINTIFF; MRS. SYLVIA ADUSU PRINCIPAL STATE ATTORNEY FOR THE DEFENDANT.

JUDGMENT

ATUGUBA, JSC

This case came before us upon a reference from the High Court, Fast Track/Automated Division, Accra, presided over by Victor Ofoe, J.A. The facts as stated by him are as follows:

“The property in dispute, popularly known as “La Wireless Station is the property of the plaintiff. It is not in dispute that the land of 92.490 acres was acquired pursuant to the Public Lands (Leasehold) Ordinance of 1950 by the Government of Ghana for a term of 99 years commencing from the 1st day of January, 1948. It is also not in dispute that by virtue of the Certificate of Title that was issued under the Ordinance the said land was acquired for the purposes of a “Wireless Station”. Further it is a fact that recently the Government of Ghana has entered unto the land which had hitherto been lying fallow for years and had commenced extensive developments of substantial buildings not meant for use by the Wireless Station. These said developments the government is executing through a body …

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