MR. SAMUEL OKUDZETO ABLAKWA AND DR. EDWARD KOFI OMANE BOAMAH
V.
THE ATTORNEY-GENERAL AND HON. JAKE OTANKA OBETSEBI-LAMPTEY

(2012) JELR 66556 (SC)

Supreme Court 22 May 2012 Ghana
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- The case concerned the allocation by the Lands Commission, acting purportedly on behalf of the President, of government bungalow No. 2, St. Mungo Street, Ridge, Accra (1.04 acres), previously acquired by the state for public purpose, to t

Case Details

Suit Number:CIVIL APPEAL NO. J1/4/2009
Judges:ATUGUBA AG. CJ. (PRESIDING), AKUFFO (MS) JSC, BROBBEY JSC, ANSAH JSC, ADINYIRA (MRS) JSC, OWUSU (MS) JSC, DOTSE JSC, BONNIE JSC, AKOTO-BAMFO (MRS) JSC
Counsel:KWABLA SENANU FOR THE PLAINTIFFS; CECIL ADADEVOH SSA (LED BY SYLVESTER WILLIAMS PSA) FOR THE 1ST DEFENDANT; R. O. SOLOMON (LED BY MIGUEL RIBEIRO AND WITH HIM FRANCIS ARTHUR) FOR THE 2ND DEFENDANT.

JUDGEMENT

BROBBEY JSC.

According to the plaintiffs, the subject matter of this case is the “land designated as parcel No. 29, Block 12, Section 019, in extent 1.04 acres more or less, as delineated on Registry Map No, 003/019/1988, on which is situated by the Republic of Ghana Bungalow No 2, located at Mungo Street, Ridge, Accra.” This description has not been challenged by any of the parties. The subject matter will hereafter be referred to as the disputed property for short.

The two plaintiffs instituted this action in their capacities as citizens of Ghana. Attempts were made to impugn the capacities of the plaintiffs but that issue has long been settled. The settled law is that where an individual brings an action under articles 2(1) and 132 of the 1992 Constitution, he is clothed with capacity to sue if he brings the action as a citizen of Ghana. The issue of the capacities of the plaintiffs will therefore not be belabored in this opinion.

This being a constitutional case, the first d…

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