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JOHN KWADWO BOBIE V. 21ST CENTURY CONSTRUCTION CO. LTD AND OTHERS

(2016) JELR 65192 (SC)

Supreme Court  •  CIVIL APPEAL NO. J4/5/2014  •  9 Mar 2016  •  Ghana

Coram
DOTSE JSC. [PRESIDING], ANIN YEBOAH JSC, GBADEGBE JSC, AKOTO - BAMFO (MRS) JSC, PWAMANG JSC.

Appearances
FOSU GYEABOUR ESQ. FOR THE PLAINTIFF/APPELLANT/ APPELLANT; DICK ANYADI ESQ. WITH HIM EDWARD BRAKU BOADU AND VICTOR HACKMAN. FOR THE DEFENDANTS/RESPONDENTS/ RESPONDENTS EXCEPT THE 7TH DEFENDANT

Judgement

PWAMANG, JSC.

BACKGROUND AND FACTS

On 7th April 2005 defendants/respondents/respondents (herein referred to as defendants) filed a motion on Notice for Judicial Review in the form of mandamus against the Central Regional Lands Officer in the High Court, Cape Coast, praying for an order compelling the Regional Lands Officer to register a number of land instruments in the names of the defendants. The instruments were in respect of lands at Kasoa and Nyanyano in the Central Region.

Defendants stated in the affidavit in support of the application for mandamus that they submitted their documents to the Central Regional Lands Commission in March 2000 and since then the Lands Commission registered some to their documents but were refusing to register the others on grounds which the defendant considered were not justifiable.

When the Lands Commission was served with defendants’ application for mandamus, they opposed it on the basis that they had a number of concerns about defendants’ documents in…

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