JUDGMENT
GYAESAYOR, JA
This is an interlocutory appeal against the decision of the High Court, Accra dated 20th July 2016.
The plaintiff/respondent is known as Board of Governors created under Section 3 of CAP 114 pursuant to the incorporation of Achimota School Ordinance No. 7 of 1948 (CAP 114).
It is the claim of plaintiff that it is vested with the Achimota School Lands pursuant to Section 29 of CAP 114. These lands include 172.68 acres acquired for the school as a reserve. It is also the case of the plaintiff that under the guise of a judgment dated 28/7/2011 and titled Nii Ako Nortei v. Lands Commission (Suit No. Sol/21/10, the Osu Stool has taken over the land and parceled it out for sale.
The 1st defendant on the other hand disputes the claim of plaintiff and asserts that they originally granted the land to the school but for several years the land was not used for the purpose for which it was acquired and they consequently took action against the Lands Commission, the custodian of …