ANYIMAH III v. KODIA IV
1960
HIGH COURT
GHANA
CORAM
- ADUMUA-BOSSMAN, J
Areas of Law
- Civil Procedure
- Property and Real Estate Law
- Constitutional Law
1960
HIGH COURT
GHANA
CORAM
AI Generated Summary
The plaintiff sought to overturn a 1951 Land Court judgment alleging fraud and collusion, contending that the judgment was at odds with a prior Order in Council. The court examined whether the writ and statement of claim disclosed a valid cause of action. Based on historical and legal precedents, including the necessity for using reasonable diligence and the limitations on Orders in Council, the court found in favor of the defendant. The case emphasized the finality of judgments, particularly against reopening litigation for fraud allegations, and affirmed that the Order in Council did not determine private rights to property. Consequently, the court dismissed the plaintiff's action.
JUDGMENT OF ADUMUA-BOSSMAN, J.
This action was commenced by an ordinary writ which, for reasons which will hereafter appear, it is necessary to set out in detail, and which, as finally amended, was in the following detailed form:
"The plaintiff's claim as representing the stool of Sefwi-Anwhiaso against the defendant as representing the stool of Diaso in Denkera State is that: - the judgment of the Land Court, Cape Coast, in transferred suit No. 1/49 delivered by Dennison, J. on 11th August, 1951, in Nana Kojo Kodia IV for himself as occupant and as representative of the stool of Diaso in Denkera State versus Nana Kofi Nyimpa Ababio as presenting the stool of Sefwi-Anwhiaso, be set aside, on the grounds of fraud and collusion between the said Chief Kojo Kodia IV (plaintiff therein) and Chief Kofi Amankwa of Manso Nkwanta in Ashanti, in that the said Chief Kofi Amankwa by fraud and collusion between him and the said Chief Kojo Kodia IV misrepresented and fraudulently imposed upon the said court that there was a boundary or boundaries between the said Chief Kojo Kodia IV and the Manso-Nkwanta State in Ashanti, namely, the stool lands of Manso-Nkwanta form boundary with the plaintiff's land on the north by Sumtwitwi hills by the Offin river, from the latter the boundary went to Tetiasu river, from there to Kwamin Edu Esua, thence to the Subin river; and that he the said Chief Kofi Amankwa had the authority of the Paramount Stool of Manso-Nkwanta to represent the said Manso-Nkwanta State or the Paramount Stool; whereas the boundary or boundaries (if any) was between the Manso-Nkwanta State and the state and/or stool of Sefwi-Anwhiaso; by reason of which fraud and collision the said Chief Kojo Kodia IV and the said Chief Kofi Amankwa fraudulently imposed upon the said court to give judgment for the said Chief Kojo Kodia IV. Under an Order of His Majesty in Privy Council in England dated 22nd October, 1906, reciting a previous Order of the said Privy Council dated 26th September, 1901, and published in Government Gazette No. 1 of 1907, dated 1st January 1907, His Majesty in Council directed, and pursuant to which the boundaries of certain State lands in the Gold Coast and Ashanti, namely Sefwi-Anwhiaso, Sefwi-Wiawso, Denkera and Manso-Nkwanta in Ashanti were surveyed and boundary pillars in due course erected, showing the various States affected by the said Order in Council, in particular the boundary between Sefwi-Anwhiaso and Denkera State are shown as follo