THE REPUBLIC VS THE ATTORNEY GENERAL & ORS

HENRY KWOFIE JA:

This appeal was launched by the applicant/appellant against the ruling of the High Court, Accra delivered on the 12th November, 2021. The trial court in the ruling, dismissed the applicant/appellants Motion on notice for Judicial Review in the nature of Mandamus under Order 55 of the High Court (Civil Procedure) Rules 2004 (C. I. 47). Dissatisfied with that ruling, the applicant/appellant launched the instant appeal on the 4th of February 2022 on the following grounds: a. The judgment is against the weight of affidavit and documentary evidence on record.

b. Her Ladyship fundamentally misdirected herself which misdirection, resulted in her erroneously holding that matters in contention can best be decided if the case should be decided on the merits when the suit before her required a decision on the merits c. Her Ladyship fundamentally erred in law in wrongly exercising her discretion not to grant the order of mandamus by relying on the irrelevant consideration that 1st and 3rd respondents disagreed with the compensation assessed by the 2nd respondent(Lands Commission) in respect of the appellant’s compulsorily acquired family land.

d. Her Ladyship was in manifest error in dismissing the appellant’s Judicial Review application on the basis that there existed an alternative remedy.

e. The judgment of the High Court was delivered per incuriam the binding decision of the Court of Appeal in the case of Republic vs. Ghana Gas Company ex parte King City Development Company (Unreported) Civil Appeal No. H1/233/2020 dated 25th March 2021. The reliefs sought from the Court of Appeal are: a) An order setting aside the judgment of the High Court delivered on the 12th day of November 2021 in its entirety b) A declaration that the Government of Ghana is mandated by virtue of section 4(2) of the State Lands Act 1962 (Act 125) to promptly pay the appellant the compensation assessed by the Lands Commission in respect of the land compulsorily acquired under Executive Instrument (E. I. )10 c) An order of mandamus directed at the Government of Ghana compelling it to immediately pay to the appellant the compensation which has already been assessed by the Lands Commission in respect of the land compulsorily acquired under Executive Instrument (E. I) 10 d) Any further or other orders as this honourable Court may deem fit.

The facts giving rise to this appeal can be summarized as follows: By a motion on Notice for Judicial Review in the nature of declaration