An attempt by the Municipal Chief Executive (MCE) Officer of the Ga East Municipal Assembly in the Greater Accra Region, Elizabeth Kaakie Mann, to control the Kwabenya Market has been rejected by an Accra High Court presided over by His Lordship Justice Emmanuel Bart-Plange.
The Court ruled in favour of the Queen mother of the Kwabenya Traditional Area, Naa Korkoi Dugbatey I, saying that she (the Queen mother) only has sole power over the market.
The Court ruled that “it is trite law that the State cannot compulsorily acquire any land without reference to law. Any land of an individual, corporation, family or school cannot be compulsorily acquired by the State unless it is made in accordance with law and an appropriate compensation is paid to the affected person”.
The Court made it clear that regarding the issue of sub-lease of land acquired by Government or EI, the Defendants have no right to sublet the compulsorily acquired land unless it has a bearing on the core mandate of Ghana Atomic Energy Commission (GAEC).
“It is clear from the depositions that the Defendants are in violation of the EI as they have sub-lease portion of the land for other purposes not related to the core-mandate of GAEC and trading on the path Plaintiffs are trekking on could lead to more conflagration and violent conflict,” the ruling stated.
According to the Court release of original lands to the owners by the State are documented for the avoidance of doubt and controversy so if there was a release of 400.1 acres by the Kuffuor’s administration, it is a matter to be reconciled by Lands and Natural Resources Ministry, Stool Lands Commission and other relevant stakeholders such as the Plaintiffs if they win in that Suit. Until that is done the lands remain the property of the State and then if it could not be used for the purpose it was intended the original owners have the inherent right of reversion.
The Court therefore ordered that the MCE and other people should not step on the land for any project without an order by the Queen mother.