DARKE AND ANOTHER vs. DEI XI AND ANOTHER

This appeal is from the judgment of the High Court, Accra constituted by Omari-Sasu J. In his judgment, the learned judge gave judgment for the plaintiffs who are the respondents in this court, and granted them certain reliefs. The defendants, the appellants before us, being aggrieved, have appealed to this court. The claim indorsed on the writ filed by the plaintiffs at the High Court, Accra was as follows: “The plaintiffs’ claim is for a declaration that: (i) The judgment of the High Court, Ho in the suit entitled Darke IV v. Darke, High Court, Ho, 11 November 1975, unreported, and the judgment of the Court of Appeal in the suit entitled Darke v. Dei II Court of Appeal, 30 July 1979, unreported, and all subsequent proceedings thereon are null and void and of no effect, having been given without jurisdiction. (ii) An order setting aside the said judgments of the High Court, Ho and the Court of Appeal and subsequent proceedings on the ground that the suits in which the judgmen...