REPUBLIC vs. STOOL LANDS BOUNDARIES SETTLEMENT COMMISSION; EX PARTE ASAMOAH II AND ANOTHER

JUDGMENT OF SARKODEE J. The applicants are asking this court to bring up the proceedings of the Stool Lands Boundaries Settlement Commission held at the State House, Accra, on 11 July 1978 and to be quashed by an order of certiorari. The proceedings were in respect of an inquiry which the High Court, Sekondi, acting under section 4 (2) of the Stool Lands Boundaries Settlement Decree, 1973 (N.R.C.D. 172), (hereafter referred to as the Decree) referred to the Stool Lands Boundaries Settlement Commission (hereafter referred to as the commission) to determine the boundaries in consolidated land suits Nos. 5, 6, 7/66 pending before that court. The applicants are the plaintiff and co-plaintiff in that suit. On 11 July 1978 when the commission sat to determine the matter referred to it, the plaintiff was absent but the co-plaintiff, the defendant and co-defendant were present. Without hearing any evidence, the commission purported to strike out the inquiry off the list and awarded ¢200....