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DAKPEM ZOBOGU-NAA HENRY v. LANDS COMMISSION & 2ORS

(2020) JELR 109772 (SC)

Supreme Court  •  NO. J4/17/2020  •  13 May 2020  •  Ghana

Coram
DOTSE, JSC (PRESIDING) GBADEGBE, JSC APPAU, JSC MARFUL-SAU, JSC AMEGATCHER, JSC

Judgement

JUDGMENT

AMEGATCHER, JSC:-

On 13th May 2020, we allowed the appeal by the appellant against the judgment of the Court of Appeal dated 22nd February 2019 and indicated that we will file our reason at the registry of the court on or before 29th May 2020. We proceed with our reasons. 

In this appeal, the Lands Commission who were the 1st defendant at the trial court but the sole appellant here shall be referred to as the appellant while the plaintiff shall be referred to as the respondent.

INTRODUCTION

The dispute arising from this appeal is about the status of a parcel of land at Tamale in the Northern Region of Ghana. The respondent, a sub chief of the Dakpema skin of Tamale by his amended writ of summons and claim sued the appellant as 1st defendant and the Attorney-General as 2nd defendant at the High Court Tamale for the following reliefs:

 i. A declaration that the conduct of the 1st defendant is ultra vires and therefore null and void. 

 ii. A declaration that the conduct of the 3rd defe…

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