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PEKI STOOL V. TSITO AWUDOME STOOL

(2003) JELR 67948 (HC)

High Court  •  5 Jun 2003  •  Ghana

Coram
TWENEBOA-KODUA J

Judgement

JUDGEMENT

Tweneboa-Kodua J. The dispute between the two eminent stools in the Volta Region of Ghana started off in the Local Court B, Peki some 46 years ago. It was shortly transferred to the High Court, Ho. The first lap of litigation attending the boundary dispute ended up in the Supreme Court.

That was not the last time the dispute reached the august forum. The Supreme Court ordered the transfer of the dispute to the Stool Lands Boundaries Settlement Commissioner for determination because the dispute was found to centre around stool land boundaries.

The honourable commissioner diligently pursued the trial. The dispute however returned to the Supreme Court. One of the contesting stools sought an order of prohibition to stop the trial.

The application for the prerogative order was founded on a statute enacted in October 2000. By the Stool Lands Boundaries Settlement (Repeal) Act, 2000 (Act 587), the Stool Lands Boundaries Settlement Decree, 1973 (NRCD 172) was repealed. The commissioner …

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