REPUBLIC
V.
STOOL LANDS BOUNDARIES SETTLEMENT COMMISSION; EX PARTE ASIBU

(1981) JELR 69926 (HC)    
High Court  ·  9 Feb 1981 ·  Ghana
 · 
Other Citations
[1982-83] GLR 1040
CORAM
CECILIA KORANTENG-ADDOW J.
Core Terms Beta
commissioner
matter
constitution
article
court
stool lands boundaries settlement commissioner
supreme court
court of law
disputes
inferior courts
agency of the ministry of lands
boundaries of stool lands
ebla odefey of awutu traditional area
ema twufi odefey of awutu
final decisions
matter of the boundary dispute
mr. da rocha
nai kwaku bentum ii
nai odupong awushie tetteh ii
prof. wade
provisions of the constitution
senya breku paramount stool
stool lands boundaries settlement decree
administrative machinery of the ministry of lands
administrative tribunal
advice of the judicial council
argument counsel
boundary dispute
counter arguments
court of appeal
courts of great britain
exclusive jurisdiction
exercise of judicial function
great expense
judicial power
judicial power of ghana
legal disputes
legal rules
legal validity
long history
minister of lands
only conclusion
paramount importance
part of the judicial system of courts
political influence
present constitution
registrar of the commissioner
such inferior courts
supreme military council
uncertain terms

KORANTENG-ADDOW J.: By article 114 (1) of the Constitution, 1979 the judicial power of Ghana is vested in the judiciary, and no organ or agency of the executive or legislature has any final judicial, power. The Stool Lands Boundaries Settlement Decree, 1973 (NRCD 172), s. 4 confers judicial power on the Stool Lands Boundaries Settlement Commissioner to hear and determine questions or disputes relating to the boundaries of stool lands. In this application, Mr. da Rocha has submitted that NRCD 172 is inconsistent with article 114 of the Constitution, 1979 because the commissioner is an organ or agency of the Ministry of Lands which is part of the executive. He has therefore called upon the court to prohibit the commissioner from hearing this case and to refer the matter to the Supreme Court for its opinion.

The applicant in this matter is one of the parties in a boundary dispute which is before the commissioner.

The dispute is entitled: “In the matter of the boundary dispute between Gomoa…

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