DAKPEM ZOBOGU-NAA HENRY A. KALEEM v. LANDS COMMISSION, NORTHERN REGION & ANOR

AMEGATCHER, JSC:-

On 13th May 2020, we allowed the appeal by the appellant against the judgment of the Court of Appeal dated 22nd February 2019 and indicated that we will file our reason at the registry of the court on or before 29th May 2020. We proceed with our reasons.

In this appeal, the Lands Commission who were the 1st defendant at the trial court but the sole appellant here shall be referred to as the appellant while the plaintiff shall be referred to as the respondent.

INTRODUCTION

The dispute arising from this appeal is about the status of a parcel of land at Tamale in the Northern Region of Ghana. The respondent, a sub chief of the Dakpema skin of Tamale by his amended writ of summons and claim sued the appellant as 1st defendant and the Attorney-General as 2nd defendant at the High Court Tamale for the following reliefs:

i. A declaration that the conduct of the 1st defendant is ultra vires and therefore null and void.

ii. A declaration that the conduct of the 3rd defendant in the circumstances of this lawsuit is unconscionable, inequitable, unfair and unjust.

iii. A declaration that any purported alienation of any portion of the subject matter of this lawsuit by the 3rd defendant alone is illegal, null and void.

iv. A declaration that the Dakpema skin as a corporation sole is bound and or estopped from refusing to share or cause to be shared the subject matter of the law suit among the 3 gates that constitute the Dakpema skin.

2. Recovery of possession for the benefit of the 3 gates that constitute the Dakpema skin any portion of the Land unlawfully alienated by the defendants.

i. Judicial distribution of the land amongst the 3 gates that constitute the Dakpema skin or in the alternative a mandatory order directed at the 3rd defendant to release and share the subject matter into 3 parts/portions for each skin gate within such period as the Court may deem fit.

ii. Perpetual injunction against the 1st defendant restraining it from entering upon or doing anything and or interfering with the Dakpema skin rights, or title to the said land.

3. An order of perpetual injunction or prohibitive (sic) restraining the defendants, particularly the 1st defendant, its agents, assigns etc. and persons driving (sic) title through it from disposing of and alienating any portion of Dakpema skin land in any manner whatsoever.

The appellant entered appearance and filed a defence on 14th November 2013. Following an amendment of the Writ and statement o