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May 15, 1967
HIGH COURT
GHANA
CORAM
JUDGMENT OF KINGSLEY-NYINAH J.
On or about 15 June 1966, the applicant herein (as the plaintiff), sued the first and second respondents herein (as the defendants) before his worship Mr. M. C. B. Agbettoh, the first respondent herein as the presiding magistrate. The claim was for:
"(a) Title to ownership.
(b) Recovery and possession of 'Bisawuo-Vehoe' land trespassed unto by the defendants.
(c) £G100 or ¢240.00 damages for trespass committed by defendants thereon …”
The writ then proceeded to describe the extent and boundaries of the parcel of land trespassed upon, as well also as its value. The third and fourth respondents were later joined to the suit as co-defendants. A week later, when the very same matter came up before, the local court magistrate, Mr. M. C. B. Agbettoh (the first respondent herein) a letter was received by the court praying that the matter, then properly before the local court, be taken out for settlement. The proceedings of that day, 22 June 1966, are so important that I here quote them at length:
"Note: Both parties in court. A letter dated 22 June 1966 written by the Paramount Chief of the Ve Traditional Area, signed by himself prayed the court that both parties have agreed to settle their differences from the court for settlement before him, the paramount chief and that the court should stop proceeding on the case.
Asked if they agreed on what was alleged by the paramount chief in his letter, both parties answered in the affirmative and expressed that they were applying for leave of the court for settlement of their differences out of the court.
[p.336]
Court: The application is granted.
Order: This case is settled out of court and I have directed that it be removed from the list of the court."
Following this, and on 23 July 1966, the matter was taken out of court to the Ve Traditional Area arbitral board for the settlement agreed upon by both the applicant herein and the defendants and the co-defendants-respondents to this instant application. Both parties having submitted themselves to the jurisdiction of the arbitral board, the matter was duly arbitrated upon by Togbuiga Delume VI, Paramount Chief of the Ve Traditional Area. The arbitration award was duly published on or about 9 August 1966.
A few weeks later, however, that is on 16 September 1966, the co-respondents herein who had consented to the arbitration and submitted to the jurisdiction of the board, applied to the very same Kpandu Local Court which had ord
AI Generated Summary
Togbe Konkong, Divisional Chief of Ve Gbodome, sued Akukuma Getse and Tega Getse, later joined by E. S. Azah and L. Kekeku, in the Kpandu Local Court for title, possession, and damages regarding the Bisawuo‑Vehoe land. After a letter from Paramount Chief Togbuiga Delume VI, both sides sought leave to settle out of court; the magistrate granted the request and erroneously recorded that the case was settled and removed from the list. The parties then submitted to the Ve Traditional Area arbitral board, which issued an award around 9 August 1966. The co‑respondents returned to the local court on 16 September 1966 and successfully moved to set aside the award. Seeking to quash that order, the applicant applied for certiorari in the High Court. Kingsley‑Nyinah J held that the case had never been properly struck off, the local magistrate retained jurisdiction, and the proceedings were regular on their face; therefore certiorari would not lie. The application was dismissed with costs, and the local court record was ordered corrected.