[2015]DLCA8327March 11, 2015Court of Appeal

THE REPUBLIC ( APPELLANT) vs. THE ADMINISTRATOR OF STOOL LANDS KOFORIDUA ATTORNEY-GENERAL KOFORIDUA (1ST RESPONDENT/ APPELLANT) EX-PARTE: EMMANUEL NARH AMADE NARH KWESI ALL OF H/NO. H28A/6 PEINGWA YOHE ODUMASI KROBO

This appeal is from the Ruling of the High Court, Koforidua dated 4th December 2013. The applicants who are the respondents herein filed a Motion for Judicial Review under Order 55 rule 4(1) of the High Court (Civil Procedure) Rules C.I. 47 praying for the following: a. An order of mandamus to compel the respondents herein to pay to applicants all their portions of the royalties accrued and continue to accrue from the mining activities within the Yongwa Forest Reserve to the applicants herein forthwith. b. Perpetual injunction restraining the respondents herein from wrongfully withholding or paying any portion of the royalties to any stool. c. An order to respondents to account for the portion of all the royalties that the applicants are entitled to since the commencement of the mining activities to applicants. The application was accompanied by a 15 paragraph affidavit in support in which the applicants averred among other things that they were heads and lawful representatives of...