PEKI STOOL v. TSITO AWUDOME
February 26, 2009
SUPREME COURT
CORAM
- PROF. KOTEY JSC
- OWUSU (MS.) JSC
- LOVELACE-JOHNSON (MS.) JSC
- PROF. MENSA-BONSU (MRS.) JSC
Areas of Law
- Civil Procedure
- Administrative Law
- Property and Real Estate Law
February 26, 2009
SUPREME COURT
CORAM
AI Generated Summary
In this interlocutory appeal, Justice S. A. Brobbey (JSC) reviewed a long-running land dispute involving the Peki stool, the Tsito stool, and overlords Awudome stool, tracing proceedings from the Peki Native Court through the High Court, Ho (Francois J), subsequent appeals, and a later referral to the Stool Lands Boundary Settlement Commission. With the Stool Lands Boundary Settlement (Repeal) Act, 2000 (Act 587), pending Commission cases were moved to the High Court. A key procedural controversy arose when the High Court elected to adopt evidence taken by the former Commissioner despite the Tsito stool’s insistence on a de novo trial. The Court of Appeal affirmed that approach. The Supreme Court held that Act 587 does not waive normal High Court procedure: parties retain a vested right to choose adoption or de novo. Because the appellants rejected adoption, the case must proceed de novo, and the appeal was allowed.
J U D G M E N T
BROBBEY, JSC:
This is an interlocutory appeal from the Judgment of the Court of Appeal dated the 8th day of May, 2007.
The facts relevant to this case are that, in the year 1957 Togbe Ayim Darke IV instituted legal action against Togbe Gobo Darke XI of Tsito and one Ntow Peniana, a subject of Tsito, in the Peki Native Court for a declaration of title and damages for trespass to parcels of land known as Awaline Avagah and Tiame. The case was transferred to the High Court, Ho, presided over by Francois J. (as he then was) where the trial commenced before HIM. The High Court gave Judgment in favour of Togbe Ayim Darke IV of Peki on the 11th of November 1975.
Togbe Gobo Darke XI of Tsito appealed to the Court of Appeal and the Appeal was allowed. There was a further appeal to the Supreme Court which was dismissed.
The case appeared to have been legally closed until the 13th of July 1987 when Togbe Ayim Darke IV instituted an action in the High Court Accra for a declaration that the Judgement of Francois J in the High Court, Ho, was null and void for want of jurisdiction, and a further order setting aside the Judgement of the Court of Appeal which had affirmed it. It finally applied for an order referring the matter to the Stool Lands boundary Settlement Commission under the Stool Land Boundary Settlement Decree, 1973 (NRCD 172). The reliefs were granted by the High Court in Accra, presided over by Omari Sasu J.
Togbe Gobo Darke XII and Ntow Peniana of Tsito appealed to the Supreme Court pursuant to leave granted by the Court of Appeal. In the preparation of their case, they run out of time and the case was struck out by the Supreme Court. Togbe Gobo Darke XII then brought an application for certiorari to quash the Judgment of the Accra High Court and all consequential orders made thereunder. The application was granted but it was further ordered that the suit should be sent to the Stool Lands Boundary Settlement Commission.
The Awudome stool as overlords of the Tsito stool joined the suit as second claimant . The Peki stool remained the first claimant. Upon the coming into force of the Stool Lands Boundary Settlement (Repeal) Act, 2000 (Act 587) all cases pending before the Stool Lands Boundary Settlement Commission including the instant suit were transferred to the High Court, Accra. The relevant section of the Act read as follows:
“3. (1)Subject to subsection (2), all cases and proceedings pending before the Commissioner immediately b