THE REPUBLIC v LANDS COMMISSION EX-PARTE NANA AGYEKUM KESSIE & ANOR

On 15-07-2011, Nana Agyekum Kessie invoked the supervisory jurisdiction of this court for an order of mandamus to compel the Lands Commission to process and register in the Land Register a transfer of title of his land situate and lying at No. 1 & 6 Lindy Street, Adjiringano, East Legon represented by Land Title Certificate No. TD 1236 in volume 018 of folio 515, in favour of Mr. Osei Akoto Kessie.

In an affidavit in support of the application failed on 15-07-2011 and three subsequent supplementary affidavits filed on 07-09-2011; 09-12-2011; and 12-01-2012 the Applicant, Nana Agyekum Kessie states the facts he relies on in support of his application which have not been disputed by the Lands Commission and also an interested party.

According to the Applicant he owns the piece of land referred to above. On or about 25-11-2005, he sold this land to one Mr. Osei Akoto Kessie and executed an assignment in his favour. In 2009 Mr. Osei Akoto Kessie submitted the Deed of Assignment to the Land Registry to secure a transfer of the said land into his name. By a letter of 10-03-2010 the Land Registration Division of the Lands Commission declined to process and register the said transfer in the name of Mr. Osei Akoto Kessie on the ground that the High Court, Accra, has in Suit No. BMSC 332/2010 registered a Foreign Judgment made by the Croydon County Court of the United Kingdom, divesting the Applicant of his interest in the said property in favour of his ex-wife, Elsie Dontoh Kessie, the interested part in this application.

Subsequently, however an Accra High Court on 25-11-2011 granted an application to set aside the order for registration of the Foreign Judgment and all processes commenced or done by the interested party pursuant to the said order. The Applicant therefore wrote several letters to the Land Title Division, of the Lands Commission informing it of this development and requested that the Lands Commission processes the transfer of the title in the name of Mr. Osei Akoto Kessie but the latter ignored the said letters. The Applicant therefore brought the instant application.

After the Applicant invoked the supervisory jurisdiction of this court the interested party on 10-08-2011 secured an order ex-parte from this court registering a judgment of the High Court of Justice (Family Division) London, England which was delivered on 24-03-2011. This order was served on the Lands Commission to prevent the latter from registering the assignment of