RE CLAIMS BY LA MANTSE AND OTHERS RE-ACQUISITION OF LAND FOR PRESBYTERIAN SECONDARY SCHOOL
1965
HIGH COURT
GHANA
CORAM
- ACOLATSE J.S.C
Areas of Law
- Administrative Law
- Property and Real Estate Law
- Civil Procedure
1965
HIGH COURT
GHANA
CORAM
AI Generated Summary
The case concerns a compulsory acquisition of 244.446 acres near the Accra–Abokobi and Accra–Dodowa roads for a Presbyterian Secondary School, undertaken under the Public Lands (Leasehold) Ordinance. A Gazette notice invited claims by a set deadline, prompting the La Mantse and Teshie Mantse to assert ownership, while the Nungua stool, despite having executed a 1951 deed of covenant permitting acquisition subject to compensation, did not lodge a compliant claim. Referred by the Commissioner of Lands to the court, the dispute required determination of which stool held title for compensation. The Chief Lands Officer argued that subsequent legislation—the State Property and Contracts Act and State Lands Act—divested the High Court of jurisdiction in favor of a tribunal. Acolatse J.S.C rejected this, distinguishing vested jurisdiction and rights from procedural changes, applying section 9(c) of the Interpretation Act and section 88(2) of the Courts Act to hold the High Court retained jurisdiction. On the merits, the court held that the La Mantse established title against Teshie and Nungua, awarding costs accordingly.
This inquiry came before this court, under the Public Lands (Leasehold) Ordinance,1 in respect of a piece of land to the north-east of the junction of the Accra-Abokobi and the Accra-Dodowa roads at mile 9 from Accra. It encloses an area of 244.446 acres and is more particularly delineated and shown edged pink on a cadastral plan numbered 2.2442 attached to the certificate of title, exhibit O. The land was vested in the government on 16 September 1955 in respect of which a certificate of title was granted by the court on 14 December 1955. The land was required for public purposes for a Presbyterian Secondary School at a site adjoining the Accra-Dodowa road on the eastern side of the road. Notice of the intended acquisition was published in Gazette No. 2959, dated 7 October [p.52] 1955 under section 5 of the Ordinance, calling upon any person claiming to be entitled to the said land or any estate or interest therein to send in a signed statement in writing, stating the particulars of the estate or interest claimed, the evidence of title and the amount of compensation claimed therefore. The Gazette notice is put in and marked exhibit M by the Chief Lands Officer.
As a result of the publication of the said notice in the Gazette and the service and posting, the La Mantse and the Teshie Mantse entered into correspondence with the Commissioner of Lands, on 18 October 1955 and 26 November 1955 respectively, each indicating his claim to the acquired land as shown in exhibit P, claiming to be seised, possessed of or entitled to the land.
The evidence of the Deputy Chief Lands Officer, Mr. Cowlishaw, shows that the Nungua stool executed a deed of covenant on 21 December 1951 permitting the government to acquire the land in dispute subject to compensation being agreed to later. Apart from this evidence the Nungua stool did not make any formal written claim when the acquisition notice was published and posted on the land.
The marginal note to section 7 (1) of the Public Lands (Leasehold) Ordinance, provides that the "Time within which claim to be made, and conditions with which it must comply." The Gazette notice made it clear that any person claiming to be entitled to the said land was required to lodge his claim at an office of the Lands Department on or before 31 March 1956.
The conditions specified under section 7 (2) and (3) of the said Ordinance referred to above are as follows:
"Every such statement of claim shall -
(a) be in writing signed by or on beh