THE FORESTRY COMMISSION v. METRO MASS TRANSIT & 1 OTHER
2013
COURT OF APPEAL
GHANA
CORAM
- DENNIS D. ADJEI (J.A.) - PRESIDING
- AVRIL LOVELACE – JOHNSON (J.A.)
- BARBARA F. ACKAH – YENSU (J.A.)
Areas of Law
- Property and Real Estate Law
2013
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The case involves a dispute over a tract of land in Tamale, claimed by the Plaintiff as a Forest Reserve, which was leased by the Lands Commission to a company. The trial High Court ruled in favor of the Plaintiff, declaring the lease void as the Lands Commission lacked authority to alienate the land without consent from the Forestry Commission. The Lands Commission appealed, but the appellate court upheld the trial court's decision, emphasizing that only the President of Ghana can alter the status of a Forest Reserve.
DENNIS D. ADJEI (JA)
The suit involves two governmental bodies and another body which the government is the sole shareholder. The main dispute before the trial High Court at Tamale was about whether or not the 2nd Defendant, the Lands Commission who on behalf of the government manage public lands and any other lands vested in the president by the constitution or by any other law and any lands vested in the commission can alienate a land vested in any other governmental body.
The Plaintiff sued the Defendants per its amended writ of Summons filed on 7th April 2011 claiming for a declaration of title, perpetual injunction, recovery of possession and general damages. The suit is about a tract of land at Tamale measuring 3466 acres. According to the Plaintiff, the land was acquired under subsection 1 of Section 5 of the Forest Ordinance Cap 122. The government acquired the land to be used as a Forest Reserve. The notice of acquisition was published in the Gazette dated 15th May, 1954.
The Plaintiff exercised control over the land since acquisition until 8th May, 2009 when the 2nd Defendant leased a portion of the land measuring 1.63 acres to the 1st Defendant. It was a fifty (50) year lease commencing from 1st January, 2008 for commercial purposes only.
The 1st Defendant disputed the Plaintiff’s claim and asserted that it is the only body with power to manage government and public lands and that they alienated a portion of the land to the 1st Defendant by a power conferred on it by the constitution of the Republic of Ghana, 1992 and the Lands Commission Act, 2008 Act 767.
The trial High Court gave judgment against the defendants on 17th October, 2011 and dissatisfied with the judgment the 2nd Defendant filed an appeal to this Court on 23rd November, 2011 praying for the reversal of the judgment. The grounds of appeal are as follows: -
(a) The learned High Court Judge erred in holding that although the Land in dispute forms part of the land acquired by the State under Certificate of Appropriation of 7th August, 1925, the state having used portion of the appropriated land for Forest Reserve lost title of that area of land to Plaintiff.
(b) The learned High Court judge misdirected himself on ownership of the land in dispute which remained that of the state and the use of the land by plaintiff as directed by the same sate and therefore came to the wrong conclusion that, the state having directed portion of the appropriated land to be used as Forest Reserve