An Accra High Court, presided over by Her Ladyship Ellen Lordina Serwaa Mireku has issued an order for mandamus to Executive Secretary of the Lands Commission, Mr. Benjamin Arthur to delete all Odai Ntow Family land entries and titles in public records.
The court directed the Land Commission’s top chief to cancel and delete all entries in the public records and titles issued on behalf of the Odai Ntow family and their grantees that extend beyond the boundaries established in the judgment of Bosompim vrs Martei (1904) SCT 2/4/32.
The court found that the Odai Ntow family had fraudulently and illegally extended their land boundaries to include lands not belonging to them, selling several plots that belonged to their neighbours.
The High Court’s ruling mandates the Lands Commission to delete all records and cancel the title certificates issued beyond the family’s legitimate boundaries, based on the judgment in Bosompim vrs Martei (1904).
The case, suit number GJ/1183/2023, involved the Republic and the Executive Secretary of the Lands Commission of Ghana as the respondents.
The applicants in the suit are George Hassen-Quartey, Famous Derek Djisam, Alex Dosu, Benjamin Nyarko, Mustapha Kpakpo Mohammed, Emmanuel Okai Laryea, Lawrence Kofi Acquah, Nii Amu Dodoo, and Nii Amu Mantey.
The interested parties are Nii Anteh Kwakonam III and Charles Armah.
The High Court’s decision is a significant development in the ongoing dispute over land boundaries in the Kwabenya Traditional Area, aiming to rectify the fraudulent activities of the Odai Ntow family.
In this sense, the land owners at Comet Estates at Brekuso, Boi, Katapo, Brekuso, Akporman and parts of Kwabenya-Accrac are excited and relieved as the judgment of the Accra High Court ordered of mandamus directed to the Executive Secretary of Lands Commission.
The Presiding judge in her ruling stated “Having reviewed the entire record, that is, the affidavits filed, the Statements of Case and the submissions of all the lawyers on record, I agree with the Applicants that the duty performed by the Executive Secretary of Lands Commission is one of a public nature because he is a public servant and what they are praying the Court to order the Respondent to perform is anchored in law. Therefore, once it is established that there was a duty imposed on the Respondent and it has unreasonably failed in the performance of that duty, I am minded to exercise my discretion in the Applicants’ favour as I find that it is appropriate to grant it.
Accordingly, the instant application for Judicial Review in the nature of mandamus is granted. The Respondent having already superimposed the judgment of 1904 and delineated the size, location and boundary of the Nii Odai Ntow’s family and other interests on the Composite Site Plan, is hereby ordered to amend its records by cancelling and expunging where necessary if the existing registration of the Nii Odai Ntow’s family land covers portions beyond the 1904 judgment and to register the interest of persons that the Courts have held to be entitled to those portions within 3 months from today, No order as to cost, each party is to bear their own cost.”
Follow the link for the full judgment
https://drive.google.com/file/d/1IIPA5M-L6RZl9wLhZDGMUeG4qUjGfK4N/view?usp=drivesdk
