Government Under Pressure - As Court Restrains State in Land Dispute

The construction of new offices to house the Ministry of Foreign Affairs and two other government Agencies on a piece of land located at the Airport Residential Area, is faced with stiff opposition, as a former Deputy Minister of Interior and Member of Parliament (MP) for Asokwa East, Mr. Kobina T. Hammond and two others have issued a writ against the State, claiming possession of the land.

An Accra High Court presided over by Justice Kofi Essel Mensah on November 8th, this year, therefore, restrained government and its agents from constructing or erecting any structure on the plots of land under dispute, until final determination of the suit before it.

The disputed land, No. 34 Airport Residential Area, also known as International Student Hostel, was leased to Mr. K.T Hammond, Emelia Addai and Mrs. Gladys Des-bordes, among other people in 2008 under the Kufuor Administration, but re-possessed in 2009 by the current Administration, following unavailability of land to construct offices for Government Agencies.

As a result of the re-possession of the land by the state, Mr. K.T. Hammond, Emelia Addai and Mrs. Gladys Des-bordes initiated a writ of summons against the Land Commission and the Attorney-General at the High Court.

In its restraining order against the state, the court noted that by the evidence before it, the defendants are not disputing the plaintiffs' respective leasehold titles and applicant without doubt, become the lawful owners of their plots of lands and owe a duty to protect their interest

According to the court, re-zoning of the plots and subsequent allocation to government agencies, coupled with the earnest start of construction works on the land, provides enough evidence that defendants want to re-posses the leased land.

It, therefore, observed that the state, acting through the Land Commission, voluntarily and unequivocally sold and transferred the plots of land and title to the plaintiffs, which are enforceable at law.

"The state has encumbered the land. The odds are heavily against the state. I think the state must, therefore, be held to its bargain, at least to keep the balance between the parties," the court further noted.

The ruling of the court followed a request by the three applicants for an interlocutory injunction against the two state agencies.

The three Plaintiffs, who initiated separate writs, but later consolidated, are further seeking a declaration that the conduct of the defendants constitute an infringement of their fundamental human rights to own property under Article 18 of the 1992 Constitution and Article 14 of the African Charter on Human and People's Rights, of which Ghana is a signatory.

A declaration that plaintiffs are the legal and equitable owners of Plot No. 34, Airport Residential Area, Accra, a breach of contract of lease, an order of recovery of possession, as well as general and special damages.

Sometime in 2008, upon an application, the Land Commission, as managers of state lands, acting in accordance with its legal mandate, offered to the MP and two other plaintiffs certain parcels of land, situated at a place commonly known and called the International Student Hostel.

The entire land was acquired in 1894 by the state for Civic and Cultural purposes, and in the year 2007, the Republic of Ghana, acting by its President, John Agyekum Kufuor, and in performance of his Executive functions, caused the land to be re-zoned for residential purposes.

The re-zoning was done and plots created and sold to certain persons, including the three plaintiffs. Plaintiffs paid various sums of money as consideration for the plots, after the plots numbered 07, 10 and 34 were allocated and leased to them respectively for 99 years, subject to having the right to renew the lease.

Additionally, plaintiffs made payment to include payment of ground rent for the first year of their respective tenancies at the time of paying for their leaseholds, after which their respective titles were given to them, signifying a valid enforceable contract between the parties.

The state, in the course of time changed its mind, and in September 17th, 2009, given the insufficient land needed for Civic and Cultural use, and increasing demand for state agencies for land for offices by the unfortunate destruction of the offices of the Ministry of Foreign Affairs by fire, the Land Commission decided to request the planning authority to re-zone the site back to its original use.

In it defense, state indicated that following the re-zoning of the site for Civic and Cultural purposes, the site has been allocated to the Ministry of Foreign Affairs, Ghana Revenue Authority (GRA) and Public Procurement Authority (PPA) with the Ministry of Foreign Affairs, currently putting its offices at the site allocated to it.

This, plaintiffs noted, had put their interest in jeopardy, as some of the lessees responded to the call by the Land Commission to give up their possession of their plots for their monies. To the court, such call appears as only an appeal to the conscience and goodwill of the lessees.

Displeased with the conduct of the Land Commission, the plaintiffs had initiated the legal action to contest the legality and enforceability of their leasehold agreements, seeking the court to preserve the status quo, at least, to secure their interest in the plots of land.