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THE REPUBLIC V. CIRCUIT COURT ‘B’ ACCRA EX PARTE: MADAM REBECCA KOMELEY ADAMS AND OTHERS

(2011) JELR 68531 (SC)

Supreme Court  •  CIVIL APPEAL NO. J5/23/2009  •  16 Nov 2011  •  Ghana

Coram
ATUGUBA JSC (PRESIDING) ,DATE-BAH JSC, ANSAH JSC, BONNIE JSC, AKOTO-BAMFO (MRS) JSC

Judgement

JUDGEMENT

ATUGUBA, J.S.C.

I have had the advantage of reading beforehand the able judgment of my brother Dr. Date-Bah JSC. I agree that Ashong-Yakubu, J. was wrong in quashing the judgment, the subject matter of the application for certiorari on the ground that the conveyance of title did not have the requisite Ministerial concurrence in breach of the Administration of Lands Act (Act 123). A court cannot give a judgment contrary to statute. However, for my part I cannot see such an error on the face of the record. I know of no law which states that the concurrence of the Minister when obtained must be stated on the face of the conveyance. Indeed it is trite law that such concurrence need not be contemporaneous with the grant but can validly and subsequently be obtained after the execution of the conveyance. It may well be that such concurrence was not obtained before or at the time of the Circuit Court’s judgment in this case. However such error, if there be, has not been carried on the…

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