JOHN KWADWO BOBIE vs. 21ST CENTURY CONSTRUCTION CO. LTD AND OTHERS [2016]DLSC2865

Date	2016-03-09
Suit No.	CIVIL APPEAL NO. J4/5/2014
Citation No.	[2016]DLSC2865

DOTSE JSC. [PRESIDING]

ANIN YEBOAH JSC

GBADEGBE JSC

AKOTO - BAMFO (MRS) JSC

PWAMANG JSC.

FOSU GYEABOUR ESQ. FOR THE PLAINTIFF/APPELLANT/ APPELLANT.

DICK ANYADI ESQ. WITH HIM EDWARD BRAKU BOADU AND VICTOR HACKMAN. FOR THE DEFENDANTS/RESPONDENTS/ RESPONDENTS EXCEPT THE 7TH DEFENDANT

[2016]DLSC2865
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													<main id="main" class="content" style="min-height: 60rem" >JOHN KWADWO BOBIE<o:p></o:p>vs.<o:p></o:p>21ST CENTURY
CONSTRUCTION CO. LTD AND OTHERS&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; <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. J4/5/2014&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp; &nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;DATE: 9TH MARCH, 2016<o:p></o:p>

</div>COUNSEL:&nbsp;&nbsp; <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">

FOSU
GYEABOUR ESQ. FOR THE PLAINTIFF/APPELLANT/ APPELLANT.<o:p></o:p>

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

&nbsp;DICK ANYADI ESQ. WITH HIM EDWARD BRAKU BOADU
AND VICTOR HACKMAN. FOR THE DEFENDANTS/RESPONDENTS/ RESPONDENTS EXCEPT THE 7TH
DEFENDANT <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">

DOTSE
JSC. [PRESIDING], ANIN YEBOAH JSC, GBADEGBE JSC, AKOTO - BAMFO (MRS) JSC, PWAMANG
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>PWAMANG,
JSC.<o:p></o:p>BACKGROUND
AND FACTS<o:p></o:p>On 7th April
2005 defendants/respondents/respondents (herein referred to as defendants)
filed a motion on Notice for Judicial Review in the form of mandamus against
the Central Regional Lands Officer in the High Court, Cape Coast, praying for
an order compelling the Regional Lands Officer to register a number of land
instruments in the names of the defendants. The instruments were in respect of
lands at Kasoa and Nyanyano in the Central Region.<o:p></o:p>Defendants stated in the
affidavit in support of the application for mandamus that they submitted their
documents to the Central Regional Lands Commission in March 2000 and since then
the Lands Commission registered some to their documents but were refusing to register
the others on grounds which the defendant considered were not justifiable.<o:p></o:p>When the Lands Commission
was served with defendants’ application for mandamus, they opposed it on the
basis that they had a number of concerns about defendants’ documents in respect
of unpaid rents, absence of consents from defendant’s grantors and apparent
errors and discrepancies contained in their documents.<o:p></o:p>From the record&nbsp; it appears both parties filed statements of
case as required by Or 55 of the High
Court (Civil Procedure) Rules, 2004 (C.I.47) and the application was placed
before His Lordship Justice K. K. Acquaye (of blessed memory) for
determination.<o:p></o:p>However, before K. K.
Acquaye J. could determine the application for mandamus the defendants and the
Regional Lands Commission settled almost all the issues arising on the
application and filed Terms of Settlement.&nbsp;
By the settlement, the Regional Lands Officer agreed to accept and plot
defendants documents provided consents by their grantors were obtained.
Nonetheless the parties agreed to abide by any directives the court would give
in respect of the refusal of defendants’ grantors to give consent. There was
also an issue of whether a new Legislative Instrument, LI 232, which required
local publication of applications before registration, was applicable to
defendants’ applications for registration.<o:p></o:p>K. K. Acquaye J. gave a
ruling on the application on 19th September 2005 granting the order
of mandamus. He held that defendants’ grantors were unreasonably withholding
their consent so the Lands Commission should go ahead with the plotting and
registration without the consents.&nbsp; He
also held that the defendants’ applications for registration of their
instruments were lodged before the passage of LI 232 so they were not caught by
the requirement for local publication. <o:p></o:p>Despite this decision of
the court the defendants were still facing problems with the plotting and
registration of some of their documents so they filed a motion for committal
against the Regional Lands Officer for contempt of court for not fully
complying with the order of mandamus. This motion for committal for contempt
against the Regional Lands Officer too was settled and terms of settlement
dated 28th December, 2006 were filed in court.<o:p></o:p>The motion for contempt
was called on 31st July, 2008 before His Lordship Justice Ayimeh,
and from the record of proceedings it would appear that the Regional Lands
officer raised the issue of the registration of third party documents that
conflicted with the defendants’ documents. From the record the Lands Officer
himself was taking steps to reverse the third party registrations so the court
made an order for him to expunge those registrations. The Regional Lands
Officer expunged the document of the plaintiff/appellant/appellant, hereafter
referred to as plaintiff, which conflicted with defendants’ documents, from the
records of the Central Regional Lands Commission and notified him by letter
dated 17th September 2008.<o:p></o:p>IN THE HIGH COURT<o:p></o:p>Plaintiff
after eleven months of the letter d</main>