[2011]DLSC2658 • November 16, 2011 • Supreme Court •
THE REPUBLIC vs. CIRCUIT COURT ‘B’ ACCRA EX PARTE: MADAM REBECCA KOMELEY ADAMS AND OTHERS
A son sued his mother and sisters over land near Accra, claiming damages for trespass and a perpetual injunction. The Circuit Court ruled in his favor. The defendants applied to the High Court for certiorari to quash the Circuit Court judgment on grounds that the title deed lacked requisite Ministerial concurrence under the Administration of Lands Act, 1962 (Act 123). The High Court granted certiorari, quashing the Circuit Court judgment. The plaintiff appealed to the Court of Appeal, which allowed the appeal and set aside the High Court's order. The appellants then appealed to the Supreme Court.
read moreATUGUBA, J.S.C: I have had the advantage of reading beforehand the able judgment of my brother Dr. Date-Bah JSC. I agree that Ashong-Yakubu, J. was wrong in quashing the judgment, the subject matter of the application for certiorari on the ground that the conveyance of title did not have the requisite Ministerial concurrence in breach of the Administration of Lands Act (Act 123). A court cannot give a judgment contrary to statute. However, for my part I cannot see such an error on the face of the record. I know of no law which states that the concurrence of the Minister when obtained must be stated on the face of the conveyance. Indeed it is trite law that such concurrence need not be contemporaneous with the grant but can validly and subsequently be obtained after the execution of the conveyance. It may well be that such concurrence was not obtained before or at the time of the Circuit Court’s judgment in this case. However such error, if there be, has not been carried on the face.....