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AMOAKO ATTA II AND OTHERS
V.
KOFI II AND OTHERS

(1962) JELR 66144 (HC)

High Court 20 Feb 1962 Ghana
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- The court made an order staying proceedings in the case based on the Stool Lands Boundaries Settlement Ordinance. - The court's power to stay proceedings under this ordinance is different from its inherent powers or special powers given b

Case Details

Judges:OLLENNU J.
Counsel:BREDU PABI FOR THE PLAINTIFFS; SIR EDWARD O. ASAFU-ADJAYE (MESSRS. A. ASAFU-ADJAYE AND KORANTENG-ADDOW WITH HIM) FOR THE DEFENDANTS.
Other Citations:[1962] 1 GLR 115

OLLENNU J.

On the 12th October, 1957, an order was made by this court staying proceedings in this case. The said order was made in pursuance of the provisions of section 4 of the Stool Lands Boundaries Settlement Ordinance Cap. 139 (1951 Rev.)  which reads:

“4. If an Order is made under subsection (2) of section 3 of this Ordinance for the determination of any boundary and—

(a) any proceedings are then pending in any Court; or

(b) any proceedings are brought in any Court after the making of the Order and before the boundary has been finally determined as provided in this Ordinance,

and in either case it appears to the Court that the situation of that boundary is in dispute in, or is otherwise relevant to the determination of, those proceedings, the Court may order a stay of the proceedings until the boundary shall have been finally determined as provided in this Ordinance, and may make such incidental or consequential orders as the Court may deem just”.

The powers given to the court by t…

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