PROF. T.M. OCRAN, J.S.C: Mrs. Justice F. Owusu-Arhin in a High Court ruling dated 1 April 2004, referred an issue in the above matter to us for interpretation. She adjourned the case sine die and has framed the referral in the following terms:
“Whether or not by virtue of Article 267 of the 1992 Constitution, the vesting power of E.I. No. 108 of 1964, namely, the Accra-Tema City Stool Lands (Vesting Instrument, 1964, has lapsed.”
The Plaintiffs herein, in a writ of summons and Statement of Claim issued against the Defendants on 31st October 2003, claimed the following reliefs:
“1. A declaration that the control and management by the Defendants of the Osu Mantse Layout lapsed with the promulgation of the 1992 Constitution;
2. A declaration that all leases renewed after the promulgation of the 1992 Constitution are null and void and of no effect;
3. A declaration that the 1st and 2nd Defendants were enjoined by E.I. 108 of 1964 to collect the rents and other outgoings accruing from the prope…