MR. SAMUEL OKUDZETO ABLAKWA AND DR. EDWARD KOFI OMANE BOAMAH vs. THE ATTORNEY-GENERAL AND HON. JAKE OTANKA OBETSEBI-LAMPTEY [2012]DLSC2682

MR. SAMUEL OKUDZETO ABLAKWA AND DR. EDWARD KOFI OMANE BOAMAH vs. THE ATTORNEY-GE... [2012]DLSC2682

Date	2012-05-22
Suit No.	CIVIL APPEAL NO. J1/4/2009
Citation No.	[2012]DLSC2682

ATUGUBA AG. CJ. (PRESIDING)

AKUFFO (MS) JSC

BROBBEY JSC

ANSAH JSC

ADINYIRA (MRS) JSC

OWUSU (MS) JSC

DOTSE JSC

BONNIE JSC

AKOTO-BAMFO (MRS) JSC

KWABLA SENANU FOR THE PLAINTIFFS.

CECIL ADADEVOH SSA (LED BY SYLVESTER WILLIAMS PSA) FOR THE 1ST DEFENDANT.

R. O. SOLOMON (LED BY MIGUEL RIBEIRO AND WITH HIM FRANCIS ARTHUR) FOR THE 2ND DEFENDANT.

[2012]DLSC2682
																																						<div class="restriction-wrapper">
														<div class="container-lg">
															<div class="row">
																<div class="col-md-12 restricted-content">
																	<div class="restricted-content-img-wrapper">
																		<div class="lock-icon bounce-7">
																			<img class=""
																				src="https://www.dennislawgh.com/dl-assets/dl-images/lock-content.png"
																				alt="Subscription based content">
																		</div>
																	</div>
																	 
																		<a href="https://www.dennislawgh.com/login"
																		class="btn btn-primary btn-lg"
																		style="font-family: 'open sans'; text-transform: capitalize; border-radius: 8px"> 
																		Login to Read Full Case </a>
																	 
																	
																</div>
															</div>
														</div>
													</div>
													<main id="main" class="content" style="min-height: 60rem" >MR. SAMUEL OKUDZETO ABLAKWA AND DR. EDWARD KOFI OMANE BOAMAH<o:p></o:p>vs.<o:p></o:p>THE ATTORNEY-GENERAL AND HON. JAKE OTANKA OBETSEBI-LAMPTEY<o:p></o:p>&nbsp;[SUPREME COURT, ACCRA]<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

CIVIL APPEAL NO. J1/4/2009&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; DATE: 22ND MAY, 2012<o:p></o:p>

</div>COUNSEL:<o:p></o:p>KWABLA SENANU FOR THE
PLAINTIFFS.<o:p></o:p>CECIL ADADEVOH SSA, (LED
BY SYLVESTER WILLIAMS, PSA) FOR THE 1ST DEFENDANT.<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

R.
O. SOLOMON (LED BY MIGUEL RIBEIRO AND WITH HIM FRANCIS ARTHUR) FOR THE 2ND
DEFENDANT.&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; <o:p></o:p>

</div>CORAM:
<o:p></o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

ATUGUBA AG. CJ. (PRESIDING), AKUFFO (MS) JSC, BROBBEY
JSC, ANSAH JSC, ADINYIRA (MRS) JSC, OWUSU (MS) JSC, DOTSE JSC, BONNIE JSC, AKOTO-BAMFO
(MRS) JSC<o:p></o:p>

</div><o:p>&nbsp;</o:p><div style="mso-element:para-border-div;border:none;border-bottom:solid windowtext 1.5pt;
padding:0in 0in 1.0pt 0in">

JUDGEMENT<o:p></o:p>

</div><o:p>&nbsp;</o:p>BROBBEY JSC:<o:p></o:p>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.<o:p></o:p>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. &nbsp;The issue of the capacities of the plaintiffs
will therefore not be belabored in this opinion.<o:p></o:p>This
being a constitutional case, the first defendant, the Attorney General, has
been sued as the Chief legal advisor of the Government. <o:p></o:p>Initially,
the Chairman of the Lands Commission and the Chief Registrar of Lands were also
sued as the second and third defendants. They were struck out as defendants.
The second defendant joined the action later in his capacity as lessee or the
beneficiary of the grant of the disputed property by way of a lease.<o:p></o:p>The
facts which gave rise to the instant case are these: The disputed property in
question was leased to the second defendant in 2008. The plaintiffs took the
view that the lease was improper. They therefore invoked the original
jurisdiction of this court for the following reliefs:<o:p></o:p>“1. A
declaration that, by virtue of Articles 20(5) &amp; (6), 23,257, 258, 265, 284
and 296 of the Constitution of the Republic of Ghana, 1992, the Minister of
Water Resources, Works and Housing in the previous Government of His
Excellency, President J. A. Kuffour, did not have the power to direct the sale,
disposal or transfer of any Government or public land to the 2nd
Defendant or any other person or body under any circumstances whatsoever, and
that any such direction for the disposal, sale or outright transfer of the said
property in dispute or any public land to the 2nd Defendant was
unconstitutional and illegal.<o:p></o:p>2. A declaration,
by virtue of Articles 20(5), 23, 257, 265, 284 and 296 of the Constitution of
the Republic of Ghana, 1992, the Government of Ghana is obliged to retain and
continue to use in the public interest the property compulsorily acquired for
public purpose the parcel of 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 St. Mungo Street, Ridge, Accra. <o:p></o:p>3. A
declaration that the purported sale of the said Government Bungalow by the
outgoing Government to one of its high ranking public officials, the 2nd
Defendant, was in utter contravention of Articles 20(5), 23, 257, 258, 265, 284
and 296 of the Constitution of the Republic of Ghana, 1992, and the purported
direction by the Minister for Water Resources, Works and Housing in the
previous Government of His Excellency, President J. A. Kuffour, for the
disposal, sale or outright transfer of the said property in dispute to the 2nd
Defendant smacks of cronyism, and the same is arbitrary, capricious,
discriminatory and a gross abuse of discretionary power vested in a public
officer under the 1992 Constitution.<o:p></o:p>4.</main>