High Court Quashes GRCL’s Application On Asem Stool Land

georgina_wood_09THE Kumasi High Court, presided over by Justice Edward K.B Apenkwa, has quashed the application for stay of execution by the Ghana Railway Company Limited (GRCL) in the judgment delivered over the railway land in Kumasi in favour of the Asem Stool land, for failing to file the motion within the stipulated 21 days.

The Court, on March 18, this year ruled that the land belonged to the Asem Stool.

After the judgment, the GRCL had 21 days to  an appeal, but filed a motion for stay of execution of the judgment, after 24 days.

At the sitting of the court, on Monday, a preliminary legal objection was raised to the propriety of the motion by Mr. Hans Kwadwo Kodua, lawyer for the Asem stool, arguing that failing to comply with the 21 days,  meant there was  no application pending.

Again he argued that the court gave a declarative judgement which is not executable in law and not applicable to appeal.

The court, therefore, quashed the application for the stay of execution and awarded a cost of GH¢1,000.00 against the GRCL. Meanwhile, the GRCL has seven days to make an appeal.

It would be recalled that The Ghanaian Times carried the story of the ruling in its March 19, issue.

The more than 200 acre land stretches from the Adum railway station through the Asafo VIP lorry station to Asokore Mampong.

Giving the ruling, the court observed that the GRCL acquired the land for railway administration but had defeated the purpose by granting almost all of it to private developers.

According to the court, the GRCL did not have the authority in law to have granted the land to private developers for commercial purposes.

The court noted, for instance that the GRCL had granted a 50 year lease to Despite company and 30 year lease to another private developer, stressing ‘’there is a three storey building which is very close to the railway lines”.

“By its own action, the company does not need  the land anymore for the purpose they were acquired by their own conduct, the railway business is finished”, he stressed.

The court pointed out that the lands were vested in the then governor, by Act 145 of 1962, but not compulsorily acquired nor appropriated, but vested in the governor in trust for the Golden Stool.

Further, the court explained that the Act 145 was repealed and Act 123 of 1962 vested the said lands in the Golden Stool.

The Asem Stool took the case to the court realising that the GRCL has been selling the land to prospective developers, and for almost one-and-a-half years the case had been pending until March 18th.

Mr. Kodua, earlier on, noted that by the ruling, all tenancies of the lands are in nullity and the occupants would have to contact the stool for re-negotiation.

“We are going to write to all the occupants, that whoever wants to be a tenant should come an sit down with us, now that the court has ruled,” he emphasised.   From Kingsley E. Hope, Kumasi

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