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KOKOR V. FORFIE

JELR 83696 (SC)

Supreme Court  •   •  Ghana

Coram
Benson J.

Appearances
Lutterodt for the Plaintiff Siriboe for the Defendant

Judgement

JUDGMENT

BENSON J.

This is an appeal from the decision of the Asantehene’s Court “A” and this court is the fourth court to which the case has come since it started. Before the appeal was to be argued on its Merits I drew the attention of counsel for both parties to a matter I considered was of first importance in this appeal and invited their arguments. It occurred to me that the case had been heard in too many courts before it reached the Land Court and that some proceedings must have been a nullity.

The history of this case is as follows: it started in the Ahafo Local Authority Court at Goase. This is a grade “C” Court. It was taken on appeal to the Kumasi Division Native Court, a grade “B” Court, then to the Asantehene’s Court “A” and now to the Land Court. In my opinion there is no authority in law for this ladder of appeals.

The anomaly has occurred on account of an Order of the Chief Commissioner of Ashanti which purported to create the Kumasi Division Native Court as an appellate …

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