High Court redirects Jake Obetsebi Lamptey to defend "bungalow" at Supreme Court

Jake Otanka Obetsebi Lamptey

The High Court Thursday dismissed a suit filed by former Minister for Tourism, Jake Obetsebi Lamptey, against the Attorney General seeking damages for trespass and an injunction, restraining agents of the government from remaining on a property at Ridge, Accra, which was allocated to him during his tenure as minister.

The court held further that it was irregular for Obetsebi Lamptey to bring a case which is already pending before the Supreme Court to the High Court for hearing and ordered him to go back to contest the case in the Supreme Court.

Jake Obetsebi Lamptey sued the Attorney General for a declaration that the entry onto No. 2 Mungo Street Ridge residential area, Accra by the Defendant or their agents without the consent of the Plaintiff is wrongful. He sought damages for trespass and an injunction restraining the defendants acting either by themselves or their agents, servants or assigns from entering onto, remaining on or in any other way interfering with the Plaintiff's possession of the property till the hearing and determination of the case brought by Deputy Minister of Information, Okudzeto Ablakwa against him in the Supreme Court.

The Deputy Minister in his personal capacity is seeking an order of perpetual injunction to restrain the Chairman of the Lands Commission and the Chief Registrar of Lands at the Land Title Registry from registering the title in the name of Jake Obetsebi Lamptey.

The former NPP Minister alleges that the Lands Commission leased the property to him by lease dated September 15, 2008 for the purpose of re-developing the property into three blocks of four storeys each as part of a redevelopment scheme.

In opposing these claims the Attorney General argued that the then Minister for Works and Housing allocated the land to Jake Obetsebi Lamptey without the approval of Cabinet. The AG argued that this was illegal since by a Cabinet decision dated January 12, 1999 a committee on the redevelopment of residential properties headed by the Minister for Works and Housing was set up.

The Minister whose Committee is required to submit its report to Cabinet for consideration and approval failed to refer Jake's application to cabinet for approval.

The AG argued further that in the circumstances, the purported allocation and sale of the said property was without authority and therefore void.

The High Court upheld the AG's argument and dismissed Jake's application for interim injunction together with the suit itself.

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