REPUBLIC vs. HIGH COURT, ACCRA; EX PARTE LANDS COMMISSION (VANDERPUYE ORGLE ESTATES LTD, INTERESTED PARTY)

JUDGMENT OF WOOD JA. By an indenture dated 28 September 1973 and registered as LR No 374/78, the respondent in this appeal acquired a leasehold interest in a large tract of the James Town stool land on the Winneba Road known as Korkor Dzor. The grant was made by Nii Adja Kwao II in his capacity as the James Town Mantse and with the consent and concurrence of the accredited elders. This grant also received the concurrence of the appellant, the body statutorily empowered to give due recognition to all grants of stool lands and record them in its books. Unfortunately, the said chief was subsequently destooled in the year 1974. This was after a declaration by the chieftaincy tribunal that his enstoolment was null and void. In spite of the valuable consideration the respondent had already paid to the stool, it however renegotiated the grant with the stool and provided yet another valuable consideration. When the appellant however threatened to withdraw the concurrence it had earlie...