Ratio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



DAKPEM ZOBOGU-NAA HENRY A. KALEEM
V.
LANDS COMMISSION, ATTORNEY GENERAL AND DAKPEMA ALHASSAN MOHAMMED DAWUNI

(2019) JELR 69900 (CA)    
Court of Appeal  ·  SUIT NO: H1/5/2017 ·  22 Feb 2019 ·  Ghana
CORAM
OFOE J.A. (PRESIDING), TORKORNOO (MRS) J. A., NICHOLAS J.A.

Ratio Decidendi

Core Terms Beta
section
dakpema skin
kaladan lands
exhibits lc
lands commission
letter of authority
acres of land
public service
learned trial judge
colonial government
state lands
exhibit lc2
certificate of appropriation
kaladan land
record of appeal
british colonial government
customary rule
exhibit ra2
government buildings
high court
military purposes
provisions of cap
state property
acquisition owners of the lands
acres of the acquired lands
better use of the land
british government
case of the plaintiff
case of the plaintiff respondent
compulsory acquisition of the lands
dakpema skin rights
exhibit ra3
generality of dakpema skin lands
given document
gold coast military
large stretch of land
mandatory order
northern territory
original plaintiff
part of dakpema skin land
preservation of dakpema skin lands
public land
released lands
said land
schedule of the lands
second release of dakpema lands
such period
v field

JUDGMENT

TORKORNOO (MRS), J.A.

This is an appeal from the High Court, Tamale. The original plaintiff described himself as a sub-chief of the Gumbiliya gate of the Dakpema Skin. He sued the Lands Commission as 1st defendant, and the Attorney General as 2nd defendant. The Lands Commission is the appellant in this appeal.

It was the case of the plaintiff that the Dakpema Skin had 3 gates, and accession to the skin was rotational among the various gates, hence his capacity to sue regarding the proper utilization, protection and preservation of Dakpema Skin lands. After his death during the course of proceedings in the high court, he was substituted with the respondent to this appeal.

The dispute in court is over 208.84 acres of land (Kaladan lands) out of the generality of Dakpema Skin lands. It was the case of the Plaintiff Respondent (hereinafter referred to as Respondent) that sometime in 1905, part of Dakpema Skin land which included the Kaladan lands were ‘released to and or acquired by’…

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