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REPUBLIC v. STOOL LANDS BOUNDARIES SETTLEMENT COMMISSION; EX PARTE ASIBU

February 9, 1981

HIGH COURT

GHANA

CORAM

  • CECILIA KORANTENG-ADDOW J

Areas of Law

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

AI Generated Summary

Justice Cecilia Koranteng-Addow considered an application by a party in an ongoing boundary dispute between Gomoa Fetteh and Awutu and Co. against traditional leaders including Nai Odupong Awushie Tetteh II, Nai Kwaku Bentum II, and Wulomo Mensah. The applicant sought to prohibit the Stool Lands Boundaries Settlement Commissioner from continuing the hearing, arguing NRCD 172 is inconsistent with Article 114(1) of the 1979 Constitution because the Commissioner is an agency of the Ministry of Lands. The court examined the Commissioner's statutory framework, recognizing it as an administrative tribunal within the Ministry yet in substance a court of law forming part of Ghana’s inferior courts. Finding no constitutional infirmity, the court dismissed the prohibition but, given the matter’s significance and ongoing practice, referred the constitutional question to the Supreme Court by way of case stated for final interpretation.

JUDGEMENT