THE REPUBLIC vs. THE HIGH COURT (LAND DIVISION) ACCRA EX PARTE LANDS COMMISSION

In 1973, the Government of Ghana created a statutory wayleave over a parcel of land belonging to the Nungua stool for highway construction under the Statutory Wayleaves Act, 1963 (Act 186) via Executive Instruments 44 and 46. The highway project did not materialize, and the land was rezoned for commercial development with portions leased out. The 1st and 2nd Interested Parties challenged the Lands Commission's authority to grant leases over the land, claiming the Commission lacked legal authority due to the change in government plans. They instituted Suit No. BL 143/08 seeking declarations of title, cancellation of leases granted by the Lands Commission, damages for trespass, and injunctions. The Lands Commission joined as 6th defendant and filed a motion to dismiss the suit on grounds of lack of jurisdiction and illegality of the leases granted.

G. T. WOOD (MRS.), C J: In 1973, the Government of Ghana, acting under the authority of the Statutory Wayleaves Act, 1963, (Act 186) via Executive Instruments 44 and 46, created a wayleave over a parcel of land belonging to the Nungua stool. The land was, by the respondents’ amended pleadings, purposely earmarked for the construction of a high way. When the Government’s plans failed to materialize, the land was rezoned for commercial development and portions leased out for commercial use. Claiming that the applicants have no legal authority to grant leases over the land in view of the subsequent change in the development plans of Government, the 1st and 2nd interested parties, in their capacities as 1st and 2nd plaintiffs, instituted Suit No. BL 143/08 Nungua Stool vrs Tema Municipal Assembly and 4 Ors, before the High Court, Land Division, Accra, for the reliefs of: a) Declaration of title to the land b) An order cancelling the leases granted by 6th Defendant (Land Commissi...