The Republic vsThe Administrator of Stool Lands Ex-parte: Emmanuel Narh Amade
2015
COURT OF APPEAL
GHANA
CORAM
- Adjei, J.A. (PRESIDING)
- Lovelace-Johnson, J.A.
- Sowah, J.A.
Areas of Law
- Administrative Law
- Civil Procedure
- Evidence Law
2015
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The case revolves around a dispute over royalties from mining activities in the Yongwa Forest Reserve. The respondents sought judicial review to compel royalty payments, which the trial court granted. The appellants contested this, arguing no mining was occurring in the reserve. The appeal court found that the trial judge had not adequately addressed whether mining was taking place in the reserve, and that judicial review through mandamus was not appropriate for private civil claims. The appeal was allowed, and the trial court's orders were set aside.
SOWAH, J. A
This appeal is from the Ruling of the High Court, Koforidua dated 4th December 2013. The applicants who are the respondents herein filed a Motion for Judicial Review under Order 55 rule 4(1) of the High Court (Civil Procedure) Rules C. I. 47 praying for the following:
a. An order of mandamus to compel the respondents herein to pay to applicants all their portions of the royalties accrued and continue to accrue from the mining activities within the Yongwa Forest Reserve to the applicants herein forthwith.
b. Perpetual injunction restraining the respondents herein from wrongfully withholding or paying any portion of the royalties to any stool.
c. An order to respondents to account for the portion of all the royalties that the applicants are entitled to since the commencement of the mining activities to applicants.
The application was accompanied by a 15 paragraph affidavit in support in which the applicants averred among other things that they were heads and lawful representatives of the Akuma Teye and Tetteh Gbame Amade families of Odumase Krobo and owners of a large tract of land situate at Yongwa which was acquired by the Government in 1937 for the Yongwa Forest Reserve.
The acquisition was covered by LN 241 of 1958 [exhibit B] made pursuant to the Forest Ordinance.
Their family had been adjudged the owners over rival claims by other families and stools in a judgment of the Reserve Settlement Commissioner dated 3rd September 1957[exhibit A]. On 6th December 2013, they had obtained judgment at an Accra High Court in Suit No. FTR 1/10 [exhibit D] that as the owners of the Yongwa Forest Reserve they were entitled to be paid compensation outstanding from 3rd September 1957, together with interest from 11th July 1958 and general damages.
The application for an order of mandamus had been brought because according to the respondents, there was a huge deposit of limestone in the forest reserve which was being mined by GHACEM and other companies but royalties were not being paid to their families although royalties accruing from the mining activities was being channeled through the 1st appellant to be paid to some stools which were not entitled.
The applicants regarded the conduct of the respondents' to be wrongful, illegal and in breach of their fundamental human rights hence their prayer for judicial review in the nature of mandamus.
The respondents, who are the appellants in this court, resisted the application.
They averred in an a