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THE REPUBLIC V. THE HIGH COURT, (LAND DIVISION) ACCRA EX-PARTE: THE LANDS COMMISSION

(2015) JELR 68923 (SC)

Supreme Court  •  CIVIL APPEAL NO. J5/15/2015  •  30 Jul 2015  •  Ghana

Coram
ATUGUBA JSC (PRESIDING), ANSAH JSC, DOTSE JSC, ANIN-YEBOAH JSC, AKOTO-BAMFO (MRS) JSC

Judgement

JUDGEMENT

DOTSE JSC: (FOR THE MAJORITY OPINION)

The Lands Commission, a Constitutional body established under article 258 of the Constitution 1992, and Lands Commission Act, 2008, Act 767 who are the Applicants herein, have applied to this court, pursuant to article 132 of the Constitution 1992 thereof, for the following:

“An order of certiorari directed at the High Court (Lands Division) coram Ocran J, for the purpose of quashing the judgment of the said High Court, dated 19th December 2014 and for any further orders as this court may deem fit to prevent illegality and a failure of justice.” emphasis

GROUNDS OF APPLICATION

The grounds upon which the Applicants have based their application has been stated thus:-

“That the High Court (Land Division) presided over by Justice S. H. Ocran committed a jurisdictional error patent on the face of the record when he declared Executive Instruments 46 and 44 of 1973 to be impliedly revoked by the conduct of two state institutions.”

BRIEF FACTS

The Appli…

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