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THEOPHILUS ADJETEY
V.
PHILIP KWAME AGBAYOMEH AND TEMA DEVELOPMENT CORPORATION

(2019) JELR 64772 (HC)

High Court 17 Jan 2019 Ghana
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- The case involves a dispute over land allocation in the Tema Acquisition Area. The Second Defendant, responsible for land management, had released a parcel of land to the Nungua Traditional Council (NTC) in 1994. The NTC then allocated th

Case Details

Suit Number:SUIT NO. E1 /07/2011
Judges:ALEXANDER OSEI TUTU J. SITTING AS A JUSTICE OF THE HIGH COURT
Counsel:ANKOMA MENSAH FOR THE PLAINTIFF ,AFFUM AGYEPONG FOR THE FIRST DEFENDANT ,OPOKU WARE BOATENG FOR THE SECOND DEFENDANT

JUDGMENT

The facts of this case are that the Second Defendant is charged with the planning, management and development of land within the Tema Acquisition Area. In 1994, per a written agreement between the second Defendant and the Nungua Traditional Council (hereinafter called the NTC), the former released a parcel of land in Communities 16 and 17 to the latter for purposes of allocation to its indigenes. The latter thereafter became responsible for the allocation of the land released to them. The second Defendant in the said agreement assumed the responsibility of regularizing allocations made by the NTC. By so doing, it prepares formal leases for those who have been allocated lands by the NTC.

In May 2011, the Plaintiff was allocated Plot No. RP/16/C/68, Community 16 at Tema by the NTC. He applied to TDC for regularization, which was accepted and processed. However, TDC later received a letter from the NTC cancelling the Plaintiff’s allocation. The letter further informed the second D…

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