GH - JAMES TOWN NGLESHIE & ORS

SUURBAAREH, JA

From the heading of the appeal, one may think that it is only the judgment of Mensah-Datsa J (as she then was) that is on appeal. It will also appear that James Town Ngleshie Amanfro is the only appellant against the judgment of Mensah-Datsa J (as she then was) of 12th June 2018. A closer look at the proceedings leading to the 12th June 2018 judgment, especially at page 20 of volume 1 of the record of appeal, will however show that this judgment was a result of an order for retrial of an aspect of the dispute that went before the Stool Lands Boundaries Settlement Commissioner, resulting in the judgment of Commissioner Amorin of 9th October 1984, which order made, when that judgment was on appeal before the Stool Land Boundaries Appeal Tribunal.

The order for retrial, made on 20th January 1994, by the Stool Lands Boundaries Appeal Tribunal, in the course of its hearing of the appeal against the Amorin judgment, was in respect of the area described as Zone one, and for the insertion of 48 villages in the preliminary plan. By the order of the Appellate Tribunal, the case was to be remitted to it after the retrial, to enable it come out with its full judgment, encompassing the whole area in dispute including the areas it described as zones two and three.

The order for retrial of 20th January 1994, was made, when the Stool Lands Boundaries Appeal Tribunal, was hearing appeals filed against the Amorin judgment of 9th October 1984, by Senya Breku; James Town Ngleshie Amanfro; and, Awutu Paramountcy. Their notices of appeal can be found at pages 12 to 17 of Volume 1 of the record of appeal. They can also be found in the record of proceedings that was subsequently made part of the record of proceedings in this appeal, by order of this court, and which mostly contains the proceedings leading to the Amorin judgment of 9th October 1984. From the ruling of the Stool Lands Boundaries Appeal Tribunal of 20th January 1994, the area remitted for retrial was described in volume 1, page 20 of the record of proceedings as follows:

“… the area starting Berekuabo rocks in brackets to the south.

Then eastwards to B8, F14 through Okushibli to Kokrobite to A9 then turning north westwards to A18 and then northwards to A15 and then northwards along the water works boundary to A14, then all the way to A8 in the northwest near Ningoman. Then Southwards to A7, then continue Southwards to A6, A5, D8 near a culvert, then South down to A4 near Kasoa, Odupong-Kpehe, the

SUURBAAREH, JA

“… the area starting Berekuabo rocks in brackets to the south.

JAMES TOWN NGLESHIE & ORS

Areas of Law

JUDGMENT