Accra (Greater Accra), 7th July 99 -
A bill to expedite the hearing and reduce cost in disputes over stool lands was laid before Parliament on Tuesday.
Known as the Stool Lands Boundaries Settlement (Repeal) Bill, it replaces the Stool Lands Boundaries Settlement Decree 1973 (NRCD 172).
When enacted it will transfer to the mainstream judiciary the functions currently performed by the Stool Lands Boundaries Settlement Commissioner.
A memorandum accompanying the bill said under the 1973 decree, disputes in respect of or relating to stool lands boundaries are heard by a Stool Lands Commissioner who has the qualification of a high court judge.
Appeals from the decisions of the commissioner are heard by an appeals tribunal set up under the decree, the chairman of which is a justice of a court of appeal.
There is only one commissioner who handles all stool lands boundaries disputes throughout the country.
"This apart from over-burdening the commissioner with too many cases, imposes a hardship on litigants and witnesses whose cases obviously take considerable time to dispose of, leading to the pile-up of disputes waiting to be dealt with".
The memo said the government is of the view that hearing of disputes of this nature outside the high court by the commissioner with its own appeals tribunal has not accelerated the disposal of such disputes.
If these cases are brought to the high courts, there will be the advantage of cases being distributed among high court justices that the chief justice may determine.
This will expedite action on the hearing and save litigants and witnesses time and money.
"Furthermore, an appeal from the high court would go to the court of appeal as any other appeal from the high court," the memo added.
This bill as amended makes provision for the transfer of the commissioner, his deputies and staff at the commissioner's office to such equivalent offices in the judiciary as the Chief Justice on the advice of the Judicial Council and in consultation with the Public Services Commission shall determine.
"Pending cases are transferred to the high court and, similarly pending appeals, are transferred to the Court of Appeal".
The commissioner is given six months to finish part heard cases pending before him immediately before the coming into effect of this act.
All assets, rights and liabilities of the Stool Lands Boundaries Commissioner are transferred to the judiciary, the memo said.
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