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NANA HYEAMAN II
V.
OSEI AND OTHERS

(1981) JELR 63981 (HC)

High Court 6 Apr 1981 Ghana
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- The case involves a preliminary question of whether the plaintiff, as the divisional chief of Gwira Banso, has the capacity to bring an action to cancel a timber lease on land attached to his stool. - The defendants argue that the plainti

Case Details

Judges:TWUMASI J.
Counsel:MR. POLLEY FOR THE PLAINTIFF-RESPONDENT; MR. BOATENG FOR THE FIRST DEFENDANT-APPLICANT. ,MR. GWIRA FOR THE SECOND DEFENDANT. ,MR. AMANING SENIOR STATE ATTORNEY THE FOURTH DEFENDANT,DR. TACKIE OTOO FOR THE CO-DEFENDANT
Other Citations:[1982-83] GLR 495

TWUMASI J.

The preliminary question that erupted in this proceeding is whether the plaintiff, who is the divisional chief of Gwira Banso in the Gwira Traditional Area, has capacity to institute an action for the cancellation and setting aside of a timber lease of a piece or parcel of land attached to his stool. Counsel for the defendants and co-defendants submitted that there is no such capacity and referred to the Concessions Act, 1962 (Act 124) in substantiation of their submission, particularly section 16 thereof. The answer to the question therefore requires the interpretation of section 16 of Act 124 which provides:

“16. (1) All lands referred to in subsection (2) or subsection (4) of section 4 of the Forests Ordinance (Cap. 157) and which have been constituted or proposed to be constituted as forest reserves under that Ordinance and all lands deemed to be constituted as forest reserves under subsection (7) of this section are hereby vested in the President in trust for the stools …

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