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NII NORTEY OMABOE III AND 3 OTHERS V. ATTORNEY GENERAL AND THE LAND COMMISSION

(2006) JELR 68381 (SC)

Supreme Court  •  SUIT NO. REF.J6/1/2005  •  21 Jun 2006  •  Ghana

Coram
MISS AKUFFO J.S.C. (PRESIDING), DR. TWUM J.S.C., DR. DATE-BAH J.S.C., PROF. OCRAN J.S.C., ANINAKWAH J.S.C.

Judgement


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…

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