Section 23(2): payment of annual ground rent over stool land
Ghanaian customary land law has always been that ground rent in respect of Stool lands is payable to the Stool through the Office of the Administrator of Stool Lands. If it is the case of the plaintiffs that this renown principle is not applicable in their community, they may take it up with their Stools and not the defendant herein who is just complying with a valid and binding law.
Sections 73 and 75: compensation and access to the High Court
Compensation payable for disturbance of rights of a person in possession of land shall be by agreement between the person and the holder of the mineral right. If the parties are unable to agree on the amount of compensation, the matter shall be referred to the Minister by either party. When the matter is referred to the Minister, the Minister shall, in consultation with the government agency in charge of land valuations, make a determination of the amount of compensation to be paid by the owner of the mineral right to the claimant. If either party is dissatisfied with the determination by the Minister, the party may then take the matter to the High Court. Without a determination by the Minister, neither the owner of the mineral right nor the claimant for compensation can go to court. The determination by the Minister is therefore a condition precedent to the High Court having jurisdiction to entertain a cause or matter concerning the amount of compensation payable in respect of disturbance of land rights arising from a mining lease.
