The Supreme Court is the apex court of Ghana. Under article 129 of the Constitution of the Republic of Ghana, 1992, the Supreme Court shall be the final court of appeal and have such appellate and other jurisdiction as may be conferred on it by the constitution or any other law.
The claim by the ten (10) members of a club (Agro Club) is based on an alleged infringement of their human rights. The claim of the encroachment is grounded on an alleged infringement of their fundamental human rights by the school authorities under article 18 (1).
The 1992 Constitution states that if the claim is that which borders on infringement of one’s fundamental human rights, the appropriate forum is the High Court and not the Supreme Court.
Article 18 provides that every person has a right to own property either alone or in association with others. It is the right of the ten (10) members to erect a wooden structure on the land in which they were despite their trespass. Acquisition of property follows the law. Having a right to own property does not mean that one can encroach on or occupy any land at all irrespective of who owns that land and then claim it as one’s property.
It therefore constitutes trespass to land for anyone to enter the land of another person without the owner’s consent and refuse to leave when ordered to do so. The occupation by the encroachers of the school’s land without authority is unlawful.
The school can therefore eject them from the land without infringing any law. The ten (10) will fail in their action because their conduct is unilaterally occupying another person’s land.
Commencing the court action in the Supreme Court is inappropriate. The action should have been commenced in the High Court pursuant to article 33.
Article 130 provides for the exclusive original jurisdiction of the Supreme Court in:
i) all matters relating to the enforcement or interpretation of the Constitution; and ii) all matters arising as to whether an enactment was made in excess of the powers conferred on Parliament or any other authority or person by law or under the Constitution.
In the current scenario, the Agro Club decided to take legal action against the school authorities in the Supreme Court. By the provisions of articles 129 and 130 of the Constitution of the Republic of Ghana, the appellate and exclusive original jurisdictions of the Supreme Court do not fall within the matter under consideration. The Agro Club will therefore, not succeed in its court action.
