Customer Support

THE REPUBLIC
V.
THE HIGH COURT, (LAND DIVISION) ACCRA EX-PARTE: THE LANDS COMMISSION

(2015) JELR 68923 (SC)

Supreme Court 30 Jul 2015 Ghana
BriefBot icon

BriefBot Summary

Free

- The Supreme Court granted certiorari, quashing the High Court’s judgment that had declared E.I. 46 and E.I. 44 (creating statutory wayleaves under Act 186) impliedly revoked by conduct of state institutions, holding this constituted a pat

Case Details

Suit Number:CIVIL APPEAL NO. J5/15/2015
Judges:ATUGUBA JSC (PRESIDING), ANSAH JSC, DOTSE JSC, ANIN-YEBOAH JSC, AKOTO-BAMFO (MRS) JSC
Counsel:CARLIS APPIAH BRAKO ESQ. FOR THE APPLICANT; RAYMOND BAGNABU ESQ. (WITH HIM MS. BELINDA PWAMANG) FOR THE 1ST AND 2ND INTERESTED PARTIES , EMMANUEL AVENORGBO ESQ. FOR THE 3RD INTERESTED PARTY. , YONI KULENDI ESQ. (WITH HIM MRS. AMA AMPONSAH AND MS. SENA EDEKOR) FOR THE 4TH & 5TH INTERESTED PARTIES., JOE SLOV TIA ESQ.(WITH HIM CEPHAS MATEY FOR 7TH INTERESTED PARTY).

JUDGEMENT

DOTSE JSC: (FOR THE MAJORITY OPINION)

The Lands Commission, a Constitutional body established under article 258 of the Constitution 1992, and Lands Commission Act, 2008, Act 767 who are the Applicants herein, have applied to this court, pursuant to article 132 of the Constitution 1992 thereof, for the following:

“An order of certiorari directed at the High Court (Lands Division) coram Ocran J, for the purpose of quashing the judgment of the said High Court, dated 19th December 2014 and for any further orders as this court may deem fit to prevent illegality and a failure of justice.” emphasis

GROUNDS OF APPLICATION

The grounds upon which the Applicants have based their application has been stated thus:-

“That the High Court (Land Division) presided over by Justice S. H. Ocran committed a jurisdictional error patent on the face of the record when he declared Executive Instruments 46 and 44 of 1973 to be impliedly revoked by the conduct of two state institutions.”

BRIEF FACTS

The Appli…

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.