PEKI STOOL vs. TSITO AWUDOME STOOL

In 1957, Togbe Ayim Darke IV of Peki instituted legal action against Togbe Gobo Darke XI of Tsito and Ntow Peniana in the Peki Native Court over land parcels Awaline Avagah and Tiame. The case was transferred to the High Court, Ho, which ruled in favor of Togbe Ayim Darke IV in 1975. The Court of Appeal allowed an appeal by Togbe Gobo Darke XI, but the Supreme Court dismissed a further appeal, closing the case. In 1987, Togbe Ayim Darke IV filed a new suit in the High Court, Accra, challenging the jurisdiction of the earlier judgment and seeking referral to the Stool Lands Boundary Settlement Commission. The High Court granted reliefs, but subsequent appeals and procedural complications ensued, including transfer of the case to the High Court under the Stool Lands Boundary Settlement Repeal Act, 2000 (Act 587). The parties disagreed on whether to adopt prior proceedings or start anew, leading to the present appeal.

BROBBEY, JSC: This is an interlocutory appeal from the Judgment of the Court of Appeal dated the 8th day of May, 2007. The facts relevant to this case are that, in the year 1957 Togbe Ayim Darke IV instituted legal action against Togbe Gobo Darke XI of Tsito and one Ntow Peniana, a subject of Tsito, in the Peki Native Court for a declaration of title and damages for trespass to parcels of land known as Awaline Avagah and Tiame. The case was transferred to the High Court, Ho, presided over by Francois J. (as he then was) where the trial commenced before HIM. The High Court gave Judgment in favour of Togbe Ayim Darke IV of Peki on the 11th of November 1975. Togbe Gobo Darke XI of Tsito appealed to the Court of Appeal and the Appeal was allowed. There was a further appeal to the Supreme Court which was dismissed. The case appeared to have been legally closed until the 13th of July 1987 when Togbe Ayim Darke IV instituted an action in the High Court Accra for a declaration tha...