Republic Vrs High Court, Accra (land Division) Lands Commission Ex-parte: Ut Properties Ltd and Others [2020] GHASC 15 (18 March 2020)

Republic Vrs High Court, Accra (land Division) Lands Commission Ex-parte: Ut Properties Ltd and Others [2020] GHASC 15 (18 March 2020)

The Applicants were denied a hearing before the cancellation of their land certificate, constituting a breach of natural justice and an unreasonable exercise of discretion by the Lands Commission. The application for certiorari was filed within time as the Applicants only became aware of the grounds in December 2018.

Citation
Republic Vrs High Court, Accra (land Division) Lands Commission Ex-parte: Ut Properties Ltd and Others [2020] GHASC 15 (18 March 2020)
Parties
Applicant: UT Properties Limited; 1st Respondent: High Court, Accra (Land Division); 2nd Respondent: Lands Commission; Interested Party: Nii Annang Nukpa Family; Interested Party: Daniel Tettey Commey; Interested Party: Robert Tettey Mensah
Court
ghasc
Jurisdiction
Ghana
Judgment Date
18 March 2020
Procedural Posture
Civil Motion (certiorari) / Supreme Court Ruling on Application for Certiorari
Outcome
Application for certiorari granted; High Court ruling quashed.
Legal Topics
Certiorari, Natural Justice, Wednesbury Unreasonableness, Land Title Registration, Supervisory Jurisdiction
Source Language
eng
Administrative Law Land Law Constitutional Law Certiorari Natural Justice Wednesbury Unreasonableness Land Title Registration Supervisory Jurisdiction

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Parties

UT Properties Limited

Applicant

High Court, Accra (Land Division)

1st Respondent

Lands Commission

2nd Respondent

Nii Annang Nukpa Family

Interested Party

Daniel Tettey Commey

Interested Party

Robert Tettey Mensah

Interested Party

Procedural Posture

Civil Motion (certiorari) / Supreme Court Ruling on Application for Certiorari

Legal Issues

  1. 1 Whether the Applicants were denied a hearing in breach of natural justice before cancellation of their land certificate
  2. 2 Whether the Lands Commission acted unreasonably (Wednesbury principle) in cancelling the Applicant's land certificate based on a judgment to which they were not party
  3. 3 Whether the application for certiorari was filed within the statutory time limit under Rule 62 of C.I. 16

Ratio Decidendi

The Applicants were denied a hearing before the cancellation of their land certificate, constituting a breach of natural justice and an unreasonable exercise of discretion by the Lands Commission. The application for certiorari was filed within time as the Applicants only became aware of the grounds in December 2018.

Court Disposition

Application for certiorari granted; High Court ruling quashed.

Orders

  • Quashing of the High Court, Accra (Land Division) ruling dated 15th April 2014 in Suit No. FAL 291/11 by certiorari.
  • Immediate cancellation of Land Certificate No. TD 13285 issued to Alokoto Commey Family.