Republic Vrs Ghana National Gas Company [2021] GHASC 130 (15 December 2021)

Republic Vrs Ghana National Gas Company [2021] GHASC 130 (15 December 2021)

The Supreme Court held that the applicant's claim for compensation for compulsory acquisition of land is not enforceable by mandamus because there is no statutory or public duty imposed on the respondent to pay the compensation, and the proper procedure is by writ of summons under Order 2 Rule 2 of C.I. 47. The use of mandamus was fundamentally flawed and a nullity, as the law provides an adequate alternative remedy. The judgments of the High Court and Court of Appeal were set aside and the application for mandamus dismissed.

Citation
[2021] GHASC 130
Parties
Applicant: Republic; Respondent/appellant/appellant: Ghana National Gas Company; Applicant/respondent/respondent: Kings City Development Company; Interested Party/respondent: Lands Commission
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
15 December 2021
Procedural Posture
Civil Appeal / Supreme Court Judgment
Outcome
Appeal allowed; application for mandamus dismissed.
Legal Topics
Mandamus, Compulsory Acquisition, Compensation for Land, Judicial Review, Procedural Law
Source Language
English
Administrative Law Civil Procedure Constitutional Law Land Law Mandamus Compulsory Acquisition Compensation for Land Judicial Review +1 more

Case Brief

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Parties

Republic

Applicant

Ghana National Gas Company

Respondent/appellant/appellant

Kings City Development Company

Applicant/respondent/respondent

Lands Commission

Interested Party/respondent

Procedural Posture

Civil Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether the procedure adopted for seeking mandamus was appropriate for the claim for compensation for compulsory acquisition of land
  2. 2 Whether Ghana National Gas Company is amenable to an order of mandamus
  3. 3 Whether payment of compensation is a public duty in respect of which mandamus is available

Ratio Decidendi

The Supreme Court held that the applicant's claim for compensation for compulsory acquisition of land is not enforceable by mandamus because there is no statutory or public duty imposed on the respondent to pay the compensation, and the proper procedure is by writ of summons under Order 2 Rule 2 of C.I. 47. The use of mandamus was fundamentally flawed and a nullity, as the law provides an adequate alternative remedy. The judgments of the High Court and Court of Appeal were set aside and the application for mandamus dismissed.

Court Disposition

Appeal allowed; application for mandamus dismissed.

Orders

  • Judgments of the High Court dated 23rd January, 2020 and Court of Appeal dated 25th March, 2021 set aside.
  • Applicant’s application for mandamus dismissed.