GAABS LTD vs. BOAKYE

This is an appeal against the judgment of the High Court, Koforidua. In 1960, the Government of Ghana passed the Stool Lands Act, 1960 (Act 27); section 1 (1) of which provides: “1. (1) Where it appears to the President that it is in the public interest so to do he may by executive instrument declare any stool land which is subject to the provisions of the Stool Lands Acts to be vested in him and accordingly it shall be lawful for the President, on the publication of the instrument, to execute any deed or do any act as a trustee in respect of the stool land specified in the instrument.” In accordance with this section the Stool Lands Instrument, 1961 (EI 195 of 1961), was passed; it states: “In exercise of the powers conferred on the President by section 1 of the Stool Lands Act, 1960 (Act 27) the following Instrument is made this 1st day of November, 1961. The stool lands specified in the Schedule hereto which are subject to the Stool Lands Acts are hereby declared to be ve...