[2018]DLCA4504 • May 3, 2018 • Court of Appeal
BLUE SKY PRODUCTS GH. LTD. vs. ATTORNEY GENERAL AND LANDS COMMISSION
The Applicant/Appellant, Blue Sky Products Ghana Limited, filed an application at the High Court seeking declarations affirming its right as a Ghanaian legal person to own landed property and interests therein, including rights to purchase, mortgage, transfer, and lease land. The Lands Commission was joined as a Respondent. The High Court refused the application and imposed limitations on the Applicant's interest and powers over land. Dissatisfied, the Applicant/Appellant appealed the decision.
read moreAVRIL LOVELACE-JOHNSON JA: On 29th June 2012, the Applicant/Appellant for what they described as ‘the recalcitrance of the officers of the Lands Commission among others’ filed an application for the following reliefs at the High Court. 1. A declaration that the Applicant is a person at law and entitled to and has the right to own landed property or interests in landed property as a Ghanaian legal person. 2. A declaration that the Applicant is a person at law and entitled to and has the right to own landed property or interests in the landed property as a PERSON as enshrined in ARTICLE 18 of the 1992 Constitution of the Republic of Ghana. 3. A declaration that pursuant to the said right the Applicant has the right or is entitled to purchase, obtain, enjoy, maintain, transfer, mortgage, assign, convey, etc interests in its land or interest in lands. 4. A declaration that the Applicant is by virtue of its registration and incorporation entitled to mortgage, convey, transfer, ...