[1962]DLHC212 • April 14, 1962 • High Court
ANYIMAH III vs. KODIA IV
The plaintiff, representing the stool of Sefwi Anwhiaso, sought to set aside a prior Land Court judgment in favor of the defendant, representing the stool of Diaso in Denkera State, on grounds of alleged fraud and collusion involving misrepresentation of boundaries and authority of a witness. The plaintiff claimed that an Order in Council of 1906, which defined territorial boundaries, was prior and superior to the Land Court judgment and sought damages and injunctions to protect their land rights.
read moreJUDGMENT OF ADUMUA-BOSSMAN, J. This action was commenced by an ordinary writ which, for reasons which will hereafter appear, it is necessary to set out in detail, and which, as finally amended, was in the following detailed form: “The plaintiff’s claim as representing the stool of Sefwi-Anwhiaso against the defendant as representing the stool of Diaso in Denkera State is that: - the judgment of the Land Court, Cape Coast, in transferred suit No. 1/49 delivered by Dennison, J. on 11th August, 1951, in Nana Kojo Kodia IV for himself as occupant and as representative of the stool of Diaso in Denkera State versus Nana Kofi Nyimpa Ababio as presenting the stool of Sefwi-Anwhiaso, be set aside, on the grounds of fraud and collusion between the said Chief Kojo Kodia IV (plaintiff therein) and Chief Kofi Amankwa of Manso Nkwanta in Ashanti, in that the said Chief Kofi Amankwa by fraud and collusion between him and the said Chief Kojo Kodia IV misrepresented and fraudulently imposed u...