NANA HYEAMAN II vs. OSEI AND OTHERS

JUDGMENT OF TWUMASI J. The preliminary question that erupted in this proceeding is whether the plaintiff, who is the divisional chief of Gwira Banso in the Gwira Traditional Area, has capacity to institute an action for the cancellation and setting aside of a timber lease of a piece or parcel of land attached to his stool. Counsel for the defendants and co-defendants submitted that there is no such capacity and referred to the Concessions Act, 1962 (Act 124) in substantiation of their submission, particularly section 16 thereof. The answer to the question therefore requires the interpretation of section 16 of Act 124 which provides: “16. (1) All lands referred to in subsection (2) or subsection (4) of section 4 of the Forests Ordinance (Cap. 157) and which have been constituted or proposed to be constituted as forest reserves under that Ordinance and all lands deemed to be constituted as forest reserves under subsection (7) of this section are hereby vested in the President in trus.....