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BADU v. ABABIO

January 9, 1967

HIGH COURT

GHANA

Areas of Law

  • Administrative Law
  • Property and Real Estate Law
  • Civil Procedure

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.

JUDGMENT