1999
SUPREME COURT
GHANA
CORAM
AI Generated Summary
The Supreme Court of Ghana addressed an appeal by the Lands Commission against lower court orders compelling restoration of a lease to Vanderpuye Orgle Estates Limited on the Commission’s property records. Vanderpuye Orgle had acquired a 99-year lease in 1973 from the James Town Stool, executed by the then-recognized chief, Nii Adja Kwao II, and stool elders, with Lands Commission concurrence. After the National House of Chiefs declared in 1983 that Nii Adja Kwao II’s enstoolment was null and void, the Lands Commission’s 1990 letter (Exhibit C) announced an intention to expunge the lease (Exhibit A). The High Court granted mandamus; the Court of Appeal affirmed. The Supreme Court majority held that a stool is a corporation sole and acts performed by a recognized chief bind the stool; administrative bodies cannot usurp judicial power over land titles (Article 125(3)), and mandamus lies to correct administrative injustice. The Court affirmed the mandamus but limited it to Exhibit A, finding inclusion of a later un-concurred lease (Exhibit E) erroneous. One Justice dissented, viewing mandamus as misconceived and alternative remedies controlling.
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