[1961]DLHC5424July 18, 1961High Court

NANA KATABOA II vs. NANA OSEI BONSU

Lord Hodson delivered the judgment of their Lordships. These consolidated appeals are from judgments of the West African Court of Appeal given in the first case on the 20th February, 1956, and in the second on the 13th February, 1956. The first (No. 47 of 1959) is dependent upon the second (No. 24 of 1960) and their Lordships will accordingly deal with the second appeal before referring again to the first. [His Lordship gave the history of the action set out above and continued:] The dispute is between the stool and people of a Sato (the respondent) and the stool and people of Apesokubi (the appellant) and relates to a piece of land to the east of the Oprana Range in Togoland, possession of which has been awarded to the respondent. The main question for consideration is whether a judgment of the 3rd March, 1931, purporting to fix the boundary in dispute operates as a valid judgment for the purpose of the litigation in which this appeal arises or is no longer operative having been supe...