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REPUBLIC V. COURT OF APPEAL; EX PARTE LANDS COMMISSION (VANDERPUYE ORGLE ESTATES LTD, INTERESTED PARTY)

(1999) JELR 68173 (SC)

Supreme Court  •  13 Jan 1999  •  Ghana

Coram
BAMFORD-ADDO JSC,CHARLES HAYFRON-BENJAMIN JSC,AMPIAH JSC,ACQUAH JSC,AKUFFO JSC

Judgement

BAMFORD-ADDO JSC.: This is an appeal against the unanimous decision of the Court of Appeal dated 18 January 1996 affirming the judgment of the High Court dated 15 September 1993 granting an order of mandamus against the Lands Commission.

The respondents in this appeal acquired a leasehold interest in a large tract of land from the James Town stool on the Winneba Road at a place known as Korkor Dzor by an indenture dated 28 September 1973 and registered as LR No 374/78. This document is marked exhibit A in the record of proceedings. The grant was made by Nii Adja Kwao II in his capacity as the James Town Mantse with the consent and concurrence of the accredited elders and received the concurrence of the appellant Lands Commission, the body statutorily empowered by the Administration of Lands Act, 1962 (Act 123) to give due concurrence to all grants of stool lands and record them in their books. In 1974 the said chief was destooled by the chieftaincy tribunal of the National House of Chiā€¦

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