1999
SUPREME COURT
GHANA
CORAM
AI Generated Summary
The case involves an appeal against the order of mandamus issued by the High Court and affirmed by the Court of Appeal to restore a lease agreement (Exhibit 'A') to the records of the Lands Commission. The lands were originally leased to the Respondents by the James Town Stool under Nii Adja Kwao II, whose enstoolment was later nullified. The Lands Commission intended to revoke its concurrence to the lease following this nullification. The High Court granted mandamus, which was upheld by the Court of Appeal on the grounds that acts performed by Nii Adja Kwao II while recognized as James Town Mantse were valid, and the Lands Commission's actions were erroneous. The appeal court judges emphasized principles protecting public and private interests in stable property transactions, the doctrine of de facto officers, and the adequacy of mandamus as a remedy for the Lands Commission's unwarranted actions.
MRS. JOYCE BAMFORD-ADDO J.S.C.:
This is an appeal against the unanimous decision of the Court of Appeal dated 18th January 1996 affirming the judgment of the High Court dated 15th September 1993 granting an order of mandamus against the Lands Commission.
The Respondents in this appeal acquired a leasehold interest in a large tract of land from the James Town Stool on the Winneba Road known as Korkor Dzor, by an indenture dated 28th September 1973 and registered as L.R. No. 374/78. This document is marked Exhibit 'A' in the Record of Proceedings. The grant was made by Nii Adja Kwao II in his capacity as James Town Mantse with the consent and concurrence of the accredited elders and received the concurrence of the Appellant Lands Commission, the body statutorily empowered by Act 123 of 1962 to give due concurrence to all grants of Stool Lands and record them in their books. In 1974 the said Chief was destooled by the National Chieftaincy Tribunal which declared that his enstoolment was null and void. In view of this the Respondents were prevailed upon to renegotiate another grant with Nii Okpe III on 28th July 1976 for the same piece of land for yet another valuable consideration. The 2nd indenture covering this second grant was marked Exhibit 'E' which was submitted to the Lands Commission for a fresh concurrence but was refused. The Appellants by letter marked Exhibit 'C' dated 7th February 1990 wrote to the Respondents as regards Exhibit 'A' as follows:
"Dear Sir,
ADMINISTRATION OF LANDS ACT 1962 DOCUMENT NO .A.C. 8780/73
Reference is hereby made to the above-mentioned document to which concurrence has been granted by the Lands Commission.
It is observed that the above grant was made by Nii Adja Kwao II who was adjudged never to have been a chief. This being the case all grants made by him in his purported capacity as James Town Mantse, are in law null and void.
An application has therefore been placed before the Lands Commission to have the transaction expunged from the records of this Secretariat.
You are therefore being informed of this intention.
Yours faithfully
For Executive Secretary
Vanderpuye Orgle Estates
Accra."
The Respondents protested by letter from their Solicitor but this protest was met with a negative result and he eventually applied to the High Court for an order of mandamus to compel the Appellant to restore to its books and property records the deed of lease Exhibit 'A' which Appellants were intended to expunge from their