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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

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