THE FORESTRY COMMISSION V. METRO MASS TRANSIT & 1 OTHER

JUDGMENT

DENNIS D. ADJEI, J.A.

The suit involves two governmental bodies and another body which the government is the sole shareholder.  The main dispute before the trial High Court at Tamale was about whether or not the 2nd Defendant, the Lands Commission who on behalf of the government manage public lands and any other lands vested in the president by the constitution or by any other law and any lands vested in the commission can alienate a land vested in any other governmental body.

The Plaintiff sued the Defendants per its amended writ of Summons filed on 7th April 2011 claiming for a declaration of title, perpetual injunction, recovery of possession and general damages.  The suit is about a tract of land at Tamale measuring 3466 acres.  According to the Plaintiff, the land was acquired under subsection 1 of Section 5 of the Forest Ordinance Cap 122.  The government acquired the land to be used as a Forest Reserve.  The notice of acquisition was published in the Gazette dated 15th Ma…