Registered Trustees Of Afrikania Mission Vrs Major Quarshie (rtd) [2015] GHASC 116 (2 December 2015)

Registered Trustees Of Afrikania Mission Vrs Major Quarshie (rtd) [2015] GHASC 116 (2 December 2015)

The President's purported deconfiscation and transfer of the disputed property to the defendant in 2009 was invalid because PNDCL 325, the enabling statute, had been repealed in 1998. Therefore, the plaintiff's allocation by the Government of Ghana remains valid and the defendant's counterclaim fails.

Citation
[2015] GHASC 116
Parties
Plaintiff/respondent/appellant: The Registered Trustees of Afrikania Mission; Defendant/appellant/respondent: Major Quarshie (Rtd) (Substituted by Mrs. Mary Quarshie)
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
2 December 2015
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal From Court of Appeal
Outcome
appeal allowed; judgment of High Court restored
Legal Topics
Confiscation and Deconfiscation of Assets, Statutory Interpretation, Effect of Repeal of Statute, Executive Powers Under Transitional Provisions, Title to Land
Source Language
English
Constitutional Law Property Law Administrative Law Confiscation and Deconfiscation of Assets Statutory Interpretation Effect of Repeal of Statute Executive Powers Under Transitional Provisions Title to Land

Case Brief

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Parties

The Registered Trustees of Afrikania Mission

Plaintiff/respondent/appellant

Major Quarshie (Rtd) (Substituted by Mrs. Mary Quarshie)

Defendant/appellant/respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal From Court of Appeal

Legal Issues

  1. 1 Whether the President could lawfully deconfiscate property under PNDCL 325 after its repeal
  2. 2 Whether the deed of transfer executed under a repealed law was valid
  3. 3 Whether the plaintiff or defendant had superior title to the disputed property

Ratio Decidendi

The President's purported deconfiscation and transfer of the disputed property to the defendant in 2009 was invalid because PNDCL 325, the enabling statute, had been repealed in 1998. Therefore, the plaintiff's allocation by the Government of Ghana remains valid and the defendant's counterclaim fails.

Court Disposition

appeal allowed; judgment of High Court restored

Orders

  • Deed of Transfer (exhibit 6) declared invalid
  • Plaintiff's title and possession affirmed