DARKE IV vs. DARKE IX AND ANOTHER

JUDGMENT OF CHARLES CRABBE J.A. This is an application “praying for an order for the judgment of 30 July 1979 to be declared null and void [or] in the alternative be set aside and for such further or other orders” which in the opinion of this court is, or are, appropriate. The facts, for the purposes of this application, are really simple. On 30 July 1979, this court delivered a written judgment. It was in respect of an appeal argued on 5, 6 and 7 July 1979. Consequent upon that judgment, read in open court, an order was made that: “The appeal by the defendants-appellants is allowed. The judgment of the High Court, Ho, dated 11 November 1975, declaring the plaintiffs-respondents as the owner in possession of the land edged in pink or red in colour on the survey plan, exhibit Z is set aside. Instead, there will be judgment in favour of the defendants-appellants allowing the counterclaim for a declaration of title and possession of the land they claim edged green on the plan. ...