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TOGBE GOBO DARKE XII
V.
TOGBE AYIM MORDEY VI

(2019) JELR 109722 (SC)

Supreme Court 6 Nov 2019 Ghana
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- The case involves a dispute over land between the Chief of Tsito Awudome and the Chief of Peki Avetile in the Volta Region of Ghana. - The litigation dates back to 1952 and has resulted in violence and loss of life between the two communi

Case Details

Suit Number:J8/136/2018
Judges:BAFFOE-BONNIE, ACTING CJ (PRESIDING) PWAMANG, JSC MARFUL-SAU, JSC DORDZIE, JSC AMEGATCHER, JSC
Counsel:AA. SOMUAH-ASAMOAH FOR THE APPLICANT. JEAN MAURELLET WITH HIM KWAMI BONI FOR THE RESPONDENT.

RULING

A.M. A  DORDZIE: JSC-

The applicant herein Togbe Gobo Darke XII, Chief of Tsito Awudome filed a motion in this court on the 3rd of August 2018 against Togbe Ayim Mordey VI chief of Peki Avetile, praying this court for the following reliefs: 

i) An order setting aside the part of the ruling of the Supreme Court dated 30th March 1992 in the suit intituled Republic v. High Court, Accra and Anorther. Exparte Darke and others. That referred the suit therein to the Stool Lands Boundary Commission for settlement. 

ii) An order reinstating the judgment of the Court of Appeal in Civil Appeal No. 202/76 of 30th July 1979 intituled Togbe Ayim Darke IV v. 1. Togbe Gobo Darke XI 2. Ntow Peniana     

iii) Such other orders as the Supreme Court will consider fit to make. 

Background

Litigation between the predecessors of the parties herein over parcels of land known as Tiame Awalime lands situate between  Peki and Tsito-Awudome in the Volta Region dates back to 1952. The history of the suit is set o…

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