Eskwai logo
Verify now as a student, judge or newly called lawyer for access to discounted plans.

THE REPUBLIC v. THE LANDS COMMISSION EX-PARTE: VANDERPUYE ORGLE ESTATES LIMITED

1999

SUPREME COURT

GHANA

CORAM

  • Mrs. Bamford-Addo, J.S.C. (Presiding)
  • Hayfron-Benjamin, J.S.C.
  • Ampiah, J.S.C.
  • Acquah, J.S.C.
  • Ms. Akuffo, J.S.C

Areas of Law

  • Administrative Law
  • Contract Law
  • Property and Real Estate Law
  • Civil Procedure

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.

JUDGMENT