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IN RE THE PUBLIC LANDS (LEASEHOLD) ORDINANCE AND IN RE LAND ACQUIRED AT ACCRA FOR PUBLIC WORKS DEPARTMENT WORKSHOP OSU MANTSE & ORS. (CLAIMANTS)

(1959) JELR 64689 (HC)

High Court 7 Apr 1959 Ghana
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- The Court held that, upon compulsory acquisition of stool land under the Public Lands (Leasehold) Ordinance, compensation is payable to the stool, not individual subjects, subject to any alienation rights established prior to acquisition;

Case Details

Judges:OLLENNU J.
Counsel:1ST CLAIMANT IN PERSON. DA ROCHA FOR 2ND CLAIMANT. AKUFO-ADDO FOR 3RD AND 4TH CLAIMANTS.
Other Citations:[1959] GLR 163, [1959] GLR 163 - 168

OLLENNU J.

This matter came before the Court under section 13 of the Public Lands (Leasehold) Ordinance, for the Court to determine which of the claimants is (or are) entitled to compensation for a piece of land acquired by the Government under Certificate of Title granted by the Court on the 1st February, 1955, by virtue of section 8 of the said Ordinance.

The principal claimants are the 1st claimant (the Osu Mantse) and the 3rd claimant (the Acting Gbese Mantse, who claims on behalf of the Ga Stool, the Gbese Stool and the Korle We Stool). The claims of these two groups are made with reference to a boundary fixed between them in the judgment of Jackson J., delivered on the 31st May, 1951, in suits popularly known as the Kokomlemle Consolidated Suits, and confirmed by a judgment of the West African Court of Appeal (14 W.A.C.A. 676). So far as the dispute between these two principal groups is concerned, therefore, the matter is res judicata.

The 2nd claimant, Nii Yeboa Nortey, claims in…

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