Stool Lands Boundaries Settlement (Repeal) Act, 2000 (Act 587)

ARRANGEMENT OF SECTIONS

1. Jurisdiction of High Court in Stool Land Boundaries Disputes

2. Repeal of N.R.C.D. 172

3. Saving and Transitional Provisions

PURPOSE

AN ACT to transfer to the High Court the determination of stool lands boundaries disputes; to repeal the Stool Lands Boundaries Settlement Decree, 1973 (NRCD 172) as amended and to provide for related matters.

DATE OF ASSENT

10th October, 2000.

ACT

1. Jurisdiction of High Court in Stool Land Boundaries Disputes

From the date of the coming into force of this Act, the High Court shall have original jurisdiction to hear and determine any dispute arising from, in respect of or related to a stool land boundary.

2. Repeal of N.R.C.D. 172

The Stool Lands Boundaries Settlement Decree, 1973 (NRCD 172) as amended by the Stool Lands Boundaries Settlement (Amendment) Law, 1986 (PNDCL 147) is hereby repealed.

3. Saving and Transitional Provisions

(1) Subject to subsection (2) all cases and proceedings pending before the Commissioner immediately before the coming into force of this Act are by this Act transferred to the High Court.

(2) Any case before the Commissioner in which evidence has been taken shall be continued before the Commissioner and be concluded by him within a period not exceeding eight months from the date of the coming into force of this Act.

(3) Any appeal pending from a decision of the Commissioner is by this Act transferred to the Court of Appeal.

(4) Upon the coming into force of this Act,

(a) the Commissioner may, subject to Article 144 and section 8 (7) of the Transitional Provisions of the Constitution, be appointed to hold office in the Judiciary;

(b) any other person employed for the Commission immediately before the coming into force of this Act who qualifies and is suitable may on the advice of the Judicial Council and in consultation with the Public Services Commission, be appointed by the Chief Justice to an office in the Judicial Service.

(5) All assets, rights and liabilities of the Commissioner under the repealed enactment and in existence immediately before the coming into force of this Act are hereby transferred to the Judicial Service.