ALHAJI SADIQ ABUBAKAR V. BERCHIE ACHEAMFOUR & 2ORS

JUDGMENT

INTRODUCTION

Article 258 of the 1992 Constitution mandates the Lands Commission to manage all State/Public Lands vested in the President on behalf of, and in trust for, the people of Ghana. When Public Lands are assigned to PublicInstitutions by the State and that Public Institution has no need for the land, or immediate use of the land, who manages that land? Is it the LandsCommission or that Public Entity? In this case the Plaintiff has been grantedland compulsorily acquired by the State under the Public Lands Ordinance1876 [CAP 134] by the Plaintiff’s grantor i.e. the Ghana Railway Development Authority (hereinafter would be referred to us GRDA). The 2nd Defendant excising its mandate under the Constitution and the Lands Commission Act 2008 (Act 767) has also granted the same land to the 3rd Defendant. Thisjudgment therefore seeks to answer the question posed supra but beforethat I would relate the facts and the evidence adduced before this court by the parties.

THE CASE OF T…