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REPUBLIC V. HIGH COURT, ACCRA AND ANOTHER EX PARTE DARKE XII AND

(1992) JELR 64996 (SC)

Supreme Court  •  30 Mar 1992  •  Ghana

Coram
ADADE JSC, AMUA-SEKYI JSC, OSEI-HWERE JSC, AIKINS JSC, WIREDU JSC, HAYFRON-BENJAMIN JSC, KPEGAH JA

Judgement

ADADE JSC.

This is an application for certiorari asking this court, in the exercise of its supervisory jurisdiction, to quash the decision of the High Court presided over by Omari-Sasu J dated 22/2/89, as well as that of the Court of Appeal (coram: Essiem, Ampiah JJA, Lamptey JA dissenting), dated 19/7/90. These remedies are sought on the ground that both courts acted without jurisdiction.

The dispute which has resulted in this application came to the courts for the first time in 1952, precisely 40 years ago. By 1957 it was in the Peki Native Court, from where it was later transferred to the High Court, Accra. It was later transferred to the High Court, Ho. The present applicants were the defendants, and the present 2nd respondent was the plaintiff. The first respondent, Kwadjo Dei XI was not a party to that suit. In that action the plaintiff sued for damages for trespass to:

“All that piece or parcel of land situate lying and being in Avetile area within the Adonten division of the Peki…

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