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THE ATTORNEY GENERAL & ANOR
V.
MERCEDES ADDY

(2023) JELR 112471 (CA)

Court of Appeal 23 Mar 2023 Ghana
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- Plaintiff claimed compensation against the Lands Commission for compulsory acquisition of part of her parcel of land at Pokuase ACP Junction for the Accra Urban Transport Project, seeking prompt payment of fair and adequate compensation w

Case Details

Suit Number:H1/145/2022
Judges:MARGARET WELBOURNE JA (PRESIDING) P. BRIGHT MENSAH JA BARTELS-KODWO JA
Counsel:LEONA JOHNSON ABASSAH (PSA) FOR 2ND AND 3RD APPELLANT.
Location:Accra

JUDGMENT

BRIGHT MENSAH JA:

Undoubtedly, the instant appeal is in a very narrow compass.  The fundamental issue it raises, is whether the lower court exceeded its jurisdiction when it allegedly granted an additional interest beyond what the parties in the case had agreed upon.

Background:

It is on record that on 17/09/2020, the plaintiff/respondent caused to be issued in the registry of the Accra High Court [Land Division], a writ of summons against only the Lands Commission [1st defendant] seeking the following judicial reliefs:

  1. A declaration that the Accra Urban Transport Project PH 1 has affected plaintiff’s 0.37 out of her 0.689 acre parcel of land at Pokuase ACP Junction near Amasaman in the Greater Accra Region of the Republic of Ghana.

  2. A further declaration that the appropriation by Government of Plaintiff’s 0.37 acre parcel of land at Pokuase ACP Junction for the Accra Urban Transport Project PH 1 constitutes compulsory acquisition of the said land.

  3. A declaration that by virtue of art…

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