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MRS. MARGARET MARY ADJEI V. THE ATTORNEY GENERAL & 2 ORS.

(2012) JELR 64259 (CA)

Court of Appeal  •  CIVIL APPEAL SUIT NO: H1/09/2011  •  1 Mar 2012  •  Ghana

Coram
CORAM: HENRIETTA ABBAN J.A. (PRESIDING), MARIAMA OWUSU J.A., FRANCIS KORBIEH J.A.

Appearances
MR. S. M. ASANTE FOR PLAINTIFF/APPELLANT,MR. ABDUL KARIM FOR 3RD DEFENDANT/RESPONDENT

Judgement

MARIAMA OWUSU, J.A.:

On 2nd February, 2009, the High Court, Land Division, Accra, in its ruling held among other things as follows:

“In the premise, the court holds as follows:

a. That by E.I. 108, the said Executive Instrument vested all Stool lands in the Accra-Tema areas and in the North Dzorwulu as prescribed or delineated in the Survey Plan, aforesaid with the President in Trust for the Stool.

b. And that, by E.I. 108 the compulsory acquisition per E.I. 108 of 1964 did into lapse with the coming into force of the 1992 Constitution.

I am strengthened or emboldened in this position by the Supreme Court case of Omaboe III and Ors. V. Attorney General, 2. Lands Commission (2005-2006) SCGLR 594.

The law, it is stated, is as an unruly steed. I have tried in vain to invite her to the river banks of equity and good conscience to drink deep in order to mitigate her rigor but she has declined the invitation because Parliament and the Constitution have bestowed upon her an immutable will, replet…

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