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TOGBE GOBO DARKE XII v. TOGBE AYIM MORDEY VI

2019

SUPREME COURT

GHANA

CORAM

  • BAFFOE-BONNIE, ACTING CJ (PRESIDING)
  • PWAMANG, JSC
  • MARFUL-SAU, JSC
  • DORDZIE, JSC
  • AMEGATCHER, JSC

Areas of Law

  • Civil Procedure
  • Property and Real Estate Law

AI Generated Summary

The applicant, Togbe Gobo Darke XII, sought to set aside parts of the Supreme Court's 1992 decision referring a land dispute to the Stool Lands Boundary Commission. The long history of litigation dating back to 1952 involved multiple judgments by the High Court and Court of Appeal, all being nullified by the Supreme Court for lack of jurisdiction, culminating in a referral to the Boundary Commission. The applicant's motions were dismissed, with res judicata and the inherent jurisdiction of the Supreme Court being key legal principles emphasized. The Supreme Court maintained the finality of its decisions, stressing the importance of ending prolonged litigation for justice and public interest.

RULING