DARKE AND ANOTHER v. DEI XI AND ANOTHER
1990
COURT OF APPEAL
GHANA
CORAM
- AMPIAH
- LAMPTEY
- ESSIEM JJ.A
Areas of Law
- Civil Procedure
- Property and Real Estate Law
- Constitutional Law
1990
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
The case involves a boundary dispute between the stools of Peki and Tsito-Awudome, initially adjudicated by the High Court, Ho, and later reversed by the Court of Appeal. Plaintiffs sought to declare these judgments void, citing jurisdictional issues under the Stool Lands Boundaries Settlement Decree, 1973 (N.R.C.D. 172). The High Court, Accra agreed, leading to an appeal. The appeals court ultimately upheld the decision that both previous judgments were null and void due to the exclusive jurisdiction of the Stool Lands Boundaries Settlement Commissioner over such disputes. The case reinforces the principle that lower courts cannot nullify higher court decisions and underscores the specific jurisdictional mandates of N.R.C.D. 172.
JUDGMENT OF ESSIEM J.A.
This appeal is from the judgment of the High Court, Accra constituted by Omari-Sasu J. In his judgment, the learned judge gave judgment for the plaintiffs who are the respondents in this court, and granted them certain reliefs. The defendants, the appellants before us, being aggrieved, have appealed to this court.
The claim indorsed on the writ filed by the plaintiffs at the High Court, Accra was as follows:
"The plaintiffs' claim is for a declaration that:
(i) The judgment of the High Court, Ho in the suit entitled [p.117] Darke IV v. Darke, High Court, Ho, 11 November 1975, unreported, and the judgment of the Court of Appeal in the suit entitled Darke v. Dei II Court of Appeal, 30 July 1979, unreported, and all subsequent proceedings thereon are null and void and of no effect, having been given without jurisdiction.
(ii) An order setting aside the said judgments of the High Court, Ho and the Court of Appeal and subsequent proceedings on the ground that the suits in which the judgments were given involved the settlement of the boundary between the stool lands of Peki and the stool lands of Awudome; and the jurisdiction to deal with such a dispute was, at the time the judgments were given, vested exclusively in the Stool Lands Boundaries Settlement Commissioner by virtue of section 4 of the Stool Lands Boundaries Settlement Decree, 1973 (N.R.C.D. 172).
(iii) An order referring the dispute as to the boundary between Peki and Awudome stool lands to the Stool Lands Boundaries Settlement Commissioner."
The events leading to the commencement of this action were adequately stated by the trial High Court judge and I reproduce the same hereunder:
"This suit was transferred by his Lordship the Chief Justice from the High Court, Ho to this court in 1957 and it has had a rather chequered history.
The original action was started in the Native Court, Peki in 1957 and it was transferred to the High Court, Accra. A couple of years later, it went back to the High Court, Ho for trial as suit No. TRL 22/57. After a series of adjournments, Francois J. (as he then was) heard it to a finish but reserved judgment. It is conceded by the parties herein that from the date of commencement of the hearing up to the date judgment was reserved by Francois J. (as he then was), the High Court, Ho had jurisdiction to hear the case. During the pendency of the reserved judgment, however, the Stool Lands Boundaries Settlement Decree, 1973 (N.R.C.D. 172) was