NANA DARKO FREMPONG II v. MANKRADO K. EFFAH

Lord Guest, delivering the judgment of the Privy Council, decided an appeal arising from Reserve Settlement Commissioner proceedings concerning Block I of the Bemu River Forest Reserve in the then Gold Coast. The underlying dispute began in 1951 when the Ohene of Aperade sued the Ohene of Achiasi over stool lands, winning at trial but losing in the West African Court of Appeal and later in the Privy Council in 1956. In the forest reserve enquiry, Commissioner Riley concluded that Aperade were estopped by res judicata from claiming Block I and, as Achiasi were the only other claimants, held the land claimed by Achiasi belonged to them. On appeal, the West African Court of Appeal set aside and remitted, but before the Privy Council Aperade’s counsel conceded key points on res judicata and the inclusion of Block I in the prior claim. The Board rejected arguments about boundary uncertainty and the scope of Achiasi’s prior dispute, and held that, under the Forests Ordinance framework, the Commissioner rightly adjudicated in Achiasi’s favour. The appeal was allowed, the Court of Appeal’s judgment set aside, and the Commissioner’s decision restored, with costs awarded against Aperade.