THE REPUBLIC v. THE HIGH COURT, EX PARTE: THE LANDS COMMISSION & ORS
2015
SUPREME COURT
GHANA
CORAM
- ATUGUBA JSC (PRESIDING)
- ANSAH JSC
- DOTSE JSC
- ANIN-YEBOAH JSC
- AKOTO-BAMFO (MRS) JSC
Areas of Law
- Administrative Law
- Property and Real Estate Law
2015
SUPREME COURT
GHANA
CORAM
AI Generated Summary
The Supreme Court quashed the High Court's decision revoking EIs 46 and 44, which declared certain lands subject to statutory wayleaves for the Accra-Tema Motorway. The Lands Commission had processed leases for re-zoned areas, which the High Court controversially annulled. The Supreme Court ruled that the High Court committed a jurisdictional error without adhering to statutory procedures for revoking such instruments. The decision emphasizes that only specific legislative steps can terminate statutory instruments, reinforcing the property rights of original landowners while binding state institutions to procedural rigor.
DOTSE JSC: (FOR THE MAJORITY OPINION)
The Lands Commission, a Constitutional body established under article 258 of the Constitution 1992, and Lands Commission Act, 2008, Act 767 who are the Applicants herein, have applied to this court, pursuant to article 132 of the Constitution 1992 thereof, for the following:
“An order of certiorari directed at the High Court (Lands Division) coram Ocran J, for the purpose of quashing the judgment of the said High Court, dated 19th December 2014 and for any further orders as this court may deem fit to prevent illegality and a failure of justice.” emphasis
GROUNDS OF APPLICATION
The grounds upon which the Applicants have based their application has been stated thus:-
“That the High Court (Land Division) presided over by Justice S. H. Ocran committed a jurisdictional error patent on the face of the record when he declared Executive Instruments 46 and 44 of 1973 to be impliedly revoked by the conduct of two state institutions.”
BRIEF FACTS
The Applicants supported their application with a 41 paragraphed affidavit sworn to by James Dadson, the Greater Accra Regional Lands Officer of the Applicant Commission.
The 1st,4th,5th and the 7th Interested Parties have all sworn to affidavits in opposition and or in support thereof, of the instant application.
The rendition of the facts herein constitute the undisputed and bare cold facts of this case.
In 1963, the Lands (Statutory Wayleaves) Act, 1963 (Act 186) was enacted as an Act of Parliament and the headnote to the Act provides as follows:
“An Act to provide for entry on land for the purpose of the construction, installation and maintenance of works of public utility and for the creation of rights of way and any other similar rights in respect of the works and for related matters.”
The above is very important as it concerns the rights of the owners of the lands upon which the said Act would be made applicable.
The issue also arises as to whether the original owners of land in respect of statutory Wayleaves created in the case of the construction of the Accra-Tema, Motorway, reference E. I. 46 and 44 of 1973 have unimpeded access or not to the lands the subject matter of the said Instrument Numbers 46 and 44.
Section 1 (1) of Act 186 provides as follows:-
“Where the President is of the opinion that it is in the public interest that a right of way or any other similar right over a land be created in respect of the whole or a part of any of the works specified in se