Customer Support

NANA KWADWO BOATENG
V.
THE MUNICIPAL DIRECTOR PHYSICAL PLANNING DEPARTMENT NEW JUABEN SOUTH MUNICIPAL ASSEMBLY KOFORIDUA

(2025) JELR 114566 (SC)

Supreme Court 29 Oct 2025 Ghana
BriefBot icon

BriefBot Summary

Free

- The appellant applied to the High Court for an order of mandamus to compel the respondent Municipal Assembly to issue a certified true copy of an approved layout/site plan for land the appellant claimed belonged to his family, which the r

Case Details

Suit Number:CIVIL APPEAL NO. J4/18/2025
Judges:P. BAFFOE-BONNIE, JSC PROF. H.J.A.N MENSA-BONSU (MRS), JSC E. Y. GAEWU, JSC H. KWOFIE, JSC R. ADJEI-FRIMPONG, JSC
Counsel:APPLICANT/APPELLANT/APPELLANT APPEARS IN PERSON. AKPENE D. MOTEY (PRINCIPAL STATE ATTORNEY). FOR THE RESPONDENT /RESPONDENT/RESPONDENT.

JUDGMENT

BAFFOE-BONNIE AG. CJ:- 

On the 28th day of May, 2020, the Applicant /Appellant/Appellant (hereinafter called Appellant) applied for judicial review pursuant to Order 55 of the High Court Civil Procedure Rules, 2004 (C.I 47) seeking to compel the performance of Respondent/ Respondent/ Respondent’s (hereinafter called Respondent) statutory duty. The Appellant by an application in the High Court, Koforidua sought for an order of mandamus to compel the Respondent to perform its statutory duty as mandated by the law. According to the Appellant in his Affidavit in support, he submitted a request for an approved layout site plan to the office of the Respondent but same was refused on the basis that the site in question had been earmarked as a site for community right of space. The Appellant claimed that there was no legal basis for the refusal by the Respondent because the earmarking of the site as a community right of space did not extinguish the rights and interests of the family wh…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.