JUDGMENT
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 that the Jud…