[2006]DLSC6431 • June 21, 2006 • Supreme Court •
NII NORTEY OMABOE III AND 3 OTHERS vs. ATTORNEY GENERAL AND THE LAND COMMISSION
Plaintiffs challenged the continued vesting and management of Osu Mantse Layout lands by the Attorney General and Lands Commission, claiming that the vesting power under Executive Instrument No. 108 of 1964 had lapsed with the promulgation of the 1992 Constitution, which vested stool lands in the appropriate stools in trust for their subjects. Plaintiffs sought declarations that management and leases post-1992 Constitution were null and void, and accounting of rents collected by Defendants.
read morePROF. T.M. OCRAN, J.S.C Mrs. Justice F. Owusu-Arhin in a High Court ruling dated 1 April 2004, referred an issue in the above matter to us for interpretation. She adjourned the case sine die and has framed the referral in the following terms: “Whether or not by virtue of Article 267 of the 1992 Constitution, the vesting power of E.I. No. 108 of 1964, namely, the Accra-Tema City Stool Lands (Vesting Instrument, 1964, has lapsed.” The Plaintiffs herein, in a writ of summons and Statement of Claim issued against the Defendants on 31st October 2003, claimed the following reliefs: “1. A declaration that the control and management by the Defendants of the Osu Mantse Layout lapsed with the promulgation of the 1992 Constitution; 2. A declaration that all leases renewed after the promulgation of the 1992 Constitution are null and void and of no effect; 3. A declaration that the 1st and 2nd Defendants were enjoined by E.I. 108 of 1964 to collect the rents and other outgoings acc...