DARKE AND ANOTHER v. DEI XI AND ANOTHER

This appeal arises from a 1987 High Court, Accra decision by Omari‑Sasu J. declaring void a 1975 High Court, Ho judgment (TRL 22/57) and a 1979 Court of Appeal judgment in a long‑running dispute between Peki‑Avetile and Tsito‑Awudome over contiguous lands and their boundary. The plaintiffs, led by Togbe Kwadjo Dei XI, argued that after the Stool Lands Boundaries Settlement Decree, 1973 (N.R.C.D. 172) came into force on 4 May 1973, exclusive jurisdiction over stool land boundaries vested in the Stool Lands Boundaries Settlement Commissioner, rendering the later High Court and Court of Appeal judgments nullities. Essiem J.A., writing for the Court of Appeal majority, held that the real issue was the boundary between the two stools within the Decree’s extended definitions, that the Ho High Court’s reserved judgment delivered in 1975 and the 1979 appellate judgment were void for lack of jurisdiction, and that the High Court, Accra had power to set aside void orders and refer the matter to the Commissioner. Ampiah J.A. concurred. Lamptey J.A. dissented, viewing the case as one of title to land and improper relitigation. The appeal was dismissed.