CONCESSION ENQUIRY NO. 2384 (SEKONDI) SENTUM-BONSA TIMBER LANDS CONCESSION MAATSCHAPPIJ DE FIJNHOUTHANDEL N.V. (FYNHOUT) v. MINISTER RESPONSIBLE FOR LANDS AND ANOTHER

JUDGMENT OF AKUFO-ADDO J.S.C

By an indenture of lease dated the 26th September, 1958, and expressed to be made between Nana Kwame Bonfu II, Adontenhene of Tomento in the Gwira State as Lessor and Messieurs Conifin Timbers Limited of Takoradi as lessees, a timber concession known as Sentum-Bonsa Timber Lands Concession was granted to the lessees upon terms and conditions contained in the said indenture of lease.

By a deed of mortgage dated the 18th March, 1960, the said Conifin Timbers Limited assigned unto Messieurs Maatschappij de Fijnhouthandel N.V. (Fynhout), the appellants, by way of mortgage, their rights and interests in the said concession. The said Maatschappij de Fijnhouthandel N.V. thus became the party interested in the grant of a certificate of validity in respect of the concession.

When the concession enquiry went before the High Court, Sekondi, an opposition to the grant of the certificate of validity was settled by excluding the disputed portion from the concession and on the 9th January, 1962, upon the tender of a certificate of financial ability signed by Mr. Krobo Edusei, then Minister of Industries, Charles J. ordered the issue of the certificate of validity.

On the 5th March, 1962, the following proceedings are recorded as having taken place before Charles J.:

"Concession Enquiry No. 2384 (Sekondi)

Sentum-Bonsa Timber Lands Concession

For Review

Mr. Gaisie for Giles Hunt & Co. appears for the claimants.

Mr. Blay appears for the opposers.

Mr. Gaisie informs court that in view of section 10 (1) (b) of the Concessions Ordinance, Cap. 136, which was pointed out to him on the instructions of the court it is obvious that the certificate of financial stability should be signed by the Minister responsible for lands who is not the Minister for Industry who signed the certificate of financial ability. Mr. Gaisie points out that court cannot review this order on its own motion. See David Mensah Dadzie v. Margaret Krakue (1951) W.A.C.A. dated 2-7-51.

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Mr. Gaisie informs court that he was under the impression that by section 13 (10) of Cap. 136 that any minister could sign the certificate.

By Court: Adjourned for court to decide what procedure should be adopted as the court appears to have been misled when certificate of financial ability was produced as having been signed by the proper minister. Court informs counsel that when the matter comes up again he must inform the instructing solicitors that court wants one of them to a