NYAME
V.
YEBOAH

(1959) JELR 65314 (HC)    
High Court  ·  12 May 1959 ·  Ghana
 · 
Other Citations
[1959] GLR 218 - 222
CORAM
OLLENNU J.
Core Terms Beta
beponghene
evidence
parties
plaintiff
boundary
boundary line
land
old foot-path
area
decision
native court
old path
opinion
arbitration
court
judgment
act of the beponghene
area of late opanin kissi
award of arbitration
aworoso-oworobong foot-paths
counsel
decision of the court
disputed area
fact take evidence
favour of a plaintiff
first ground of appeal
first point counsel
fixed boundary line
following day
good reasons
headman of the village
identity of the land
important residents of the locality
judgment of the kwahu native court
kwadjo donkor
nana beponghene
ollennu j.
opanin kwadjo mireku
original decision
others
own knowledge
performance of that duty
principles of justice
proper evidence
right side of the foot-path
said judgment
second point
set implement
set of people
such evidence

OLLENNU J.: (His lordship stated the history of the matter, and proceeded-)

Learned Counsel for the plaintiff submitted

(1) that it is against all principles of justice that one set of people should adjudicate and decide upon a case, and another set implement the decision, and

(2) that there were two Aworoso-Oworobong foot-paths, and there is nothing to show that any evidence was taken to show that the old foot-path is the one which the Beponghene and his elders awarded as the boundary.

On the first point Counsel submitted that when the Beponghene went on the land to lay down the boundary, he was not accompanied by any of his elders who had assisted him at the arbitration, but by a new set of people, and therefore what the Beponghene did on the land was a nullity. But I do not agree with the submission in the first ground of appeal, which in my opinion is misconceived. Once a Court has given a decision in a case it becomes functus officio.

The implementation of the decision does not imply …

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login