The Republic Vrs High Court, Accra (land Division) Lands Commission Ex-parte: Ut Properties Limited [2020] GHASC 104 (18 March 2020)

The Republic Vrs High Court, Accra (land Division) Lands Commission Ex-parte: Ut Properties Limited [2020] GHASC 104 (18 March 2020)

The applicant was denied a hearing before their land certificate was cancelled, constituting a breach of natural justice and unreasonable administrative action; the application for certiorari was filed within time as the grounds first arose when the applicant became aware of the cancellation.

Citation
The Republic Vrs High Court, Accra (land Division) Lands Commission Ex-parte: Ut Properties Limited [2020] GHASC 104 (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 / Ruling on Application for Certiorari
Outcome
application for certiorari granted; High Court ruling quashed
Legal Topics
Certiorari, Natural Justice, Land Title Registration, Supervisory Jurisdiction, Wednesbury Unreasonableness
Source Language
eng
Land Law Administrative Law Constitutional Law Certiorari Natural Justice Land Title Registration Supervisory Jurisdiction Wednesbury Unreasonableness

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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 / Ruling on Application for Certiorari

Legal Issues

  1. 1 Whether the High Court breached the rules of natural justice by cancelling the applicant's land certificate without hearing them
  2. 2 Whether the Lands Commission acted unreasonably and improperly in cancelling the applicant's land certificate under the Wednesbury principle
  3. 3 Whether the application for certiorari was filed within time under Rule 62 of C.I. 16

Ratio Decidendi

The applicant was denied a hearing before their land certificate was cancelled, constituting a breach of natural justice and unreasonable administrative action; the application for certiorari was filed within time as the grounds first arose when the applicant became aware of the cancellation.

Court Disposition

application for certiorari granted; High Court ruling quashed

Orders

  • Immediate cancellation of Land Certificate No. TD 13285 issued to Alokoto Commey Family
  • Restoration of Land Certificate No. TD 9221 to UT Properties Limited