NANA HYEAMAN II v. OSEI AND OTHERS

JUDGMENT OF TWUMASI J.

The preliminary question that erupted in this proceeding is whether the plaintiff, who is the divisional chief of Gwira Banso in the Gwira Traditional Area, has capacity to institute an action for the cancellation and setting aside of a timber lease of a piece or parcel of land attached to his stool. Counsel for the defendants and co-defendants submitted that there is no such capacity and referred to the Concessions Act, 1962 (Act 124) in substantiation of their submission, particularly section 16 thereof. The answer to the question therefore requires the interpretation of section 16 of Act 124 which provides:

"16. (1) All lands referred to in subsection (2) or subsection (4) of section 4 of the Forests Ordinance (Cap. 157) and which have been constituted or proposed to be constituted as forest reserves under that Ordinance and all lands deemed to be constituted as forest reserves under subsection (7) of this section are hereby vested in the President in trust for the stools concerned:

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Provided that all rights, customary or otherwise, in such lands validly existing immediately before the commencement of this Act shall continue on and after such commencement subject to this Act and any other enactment for the time being in force.

(2) All lands which in the future shall be proposed to be constituted as forest reserves under the Forests Ordinance (Cap. 157) shall become vested in the President in trust for the stools concerned with effect from the date of the publication of the notice relating to such land and prescribed under section 5 (1) of that Ordinance.

(3) Any land, other than land referred to in the preceding subsections, subject to the Administration of Lands Act, 1962 and in respect of which rights have been granted with respect to timber or trees under any concession and in force immediately before the commencement of this Act are vested in the President in trust for the stools concerned, subject to the terms of the concession, this Act and any other enactment for the time being in force.

(4) All rights with respect to timber or trees on any land other than land specified in the preceding subsections of this section are vested in the President in trust for stools concerned.

(5) It shall be lawful for the President to execute any deed or do any act as a trustee in respect of lands or rights referred to in this section.

(6) Any revenue from lands or rights vested in the President under this section or derived