[2012]DLSC2682 • May 22, 2012 • Supreme Court •
MR. SAMUEL OKUDZETO ABLAKWA AND DR. EDWARD KOFI OMANE BOAMAH vs. THE ATTORNEY-GENERAL AND HON. JAKE OTANKA OBETSEBI-LAMPTEY
The plaintiffs, Ghanaian citizens, challenged the lease of a government bungalow and land parcel at St. Mungo Street, Ridge, Accra, leased in 2008 to the 2nd defendant, alleging the lease was improper and unconstitutional. The property was compulsorily acquired for public use as government accommodation. The plaintiffs claimed the sale was discriminatory, arbitrary, and an abuse of discretionary power by public officers, and sought declarations and injunctions to restrain registration of the property in the 2nd defendant's name.
read moreBROBBEY JSC: According to the plaintiffs, the subject matter of this case is the “land designated as parcel No. 29, Block 12, Section 019, in extent 1.04 acres more or less, as delineated on Registry Map No, 003/019/1988, on which is situated by the Republic of Ghana Bungalow No 2, located at Mungo Street, Ridge, Accra.” This description has not been challenged by any of the parties. The subject matter will hereafter be referred to as the disputed property for short. The two plaintiffs instituted this action in their capacities as citizens of Ghana. Attempts were made to impugn the capacities of the plaintiffs but that issue has long been settled. The settled law is that where an individual brings an action under articles 2(1) and 132 of the 1992 Constitution, he is clothed with capacity to sue if he brings the action as a citizen of Ghana. The issue of the capacities of the plaintiffs will therefore not be belabored in this opinion. This being a constitutional case, the first ...