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January 9, 1967
HIGH COURT
GHANA
JUDGMENT OF BAIDOO J.
The plaintiff 's claim against the defendant as it appears on the specially endorsed writ of summons is as follows:
"The plaintiff's claim against the defendant is for the amount of £G600 or ¢1,440.00 being arrears of customary rent owing from the defendant, as the head and agent of the people living on all that piece or parcel of land situate lying and being at Bomaa in the Dormaa Traditional Area in Brong-Ahafo known as Brosankro lands to the plaintiff as the occupant of the paramount stool of Dormaa to which the said land belongs; which customary rent, at the rate of ; £G100 or ¢240.00 per annum is payable in respect of the aforesaid land by the defendant to the plaintiff under a customary agreement made between the plaintiff's predecessor in title and the defendant's predecessor in title in 1924 whereby the said land is occupied by the defendant and his people as tenants from year to year of the plaintiff together with interest on the said amount at the rate of five per cent per annum from the date on which each part of the said amount became due and payable until the date of judgment.
PARTICULARS ARE AS FOLLOWS:
1960 December 31st rent due £G100 or ¢240.00
1961 December 31st rent due £G100 or ¢240.00
1962 December 31st rent due £G100 or ¢240.00
1963 December 31st rent due £G100 or ¢240.00
1964 December 31st rent due £G100 or ¢240.00
1965 December 31st rent due £G100 or ¢240.00
£G600 ¢1,440.00
And the plaintiff claims £G600 or ¢1,440.00 plus interest thereon as aforesaid."
The action obviously contravenes various provisions of the Administration of Lands Act, 1962 (Act 123). It is provided under section 17 (1) and (2) as follows:
[p.4]
"17. (1) All revenue from lands subject to this Act shall be collected by the Minister and for that purpose all rights to receive and all remedies to recover that revenue shall vest in him and, subject to the exercise of any power of delegation conferred by this Act, no other person shall have power to give a good discharge for any liability in respect of the revenue or to exercise any such right or remedy.
(2) Revenue for the purposes of this Act includes all rents, dues, fees, royalties, revenues, levies, tributes and other payments, whether in the nature of income or capital, from or in connection with lands subject to this Act."
The Administration of Lands Act, 1962 (Act 123), will hereafter simply be referred to by me as Act 123.
It is clear from section 17 (1) and (2) of Act
AI Generated Summary
Justice Baidoo addressed a suit by the occupant of the Dormaa paramount stool against the head and agent of the Brosankro community at Bomaa for six years of customary rent arrears under a 1924 tenancy arrangement. The court determined that the lands were stool lands and therefore governed by the Administration of Lands Act, 1962 (Act 123). Interpreting section 17, the court held that only the Minister (or a delegated agent) can collect or sue for stool land revenue, and section 7’s vesting powers do not limit section 17. Questions about the extent and limits of stool lands are reserved for ministerial determination under sections 3 and 4. Procedurally, the court exercised its discretion and inherent jurisdiction to strike out the action, rejecting arguments based on Order 19, r. 16 and noting a prior deposit order was per incuriam. The action was struck out, with directions to the N.L.C. member responsible for lands.