The Supreme Court (SC) on Thursday unanimously ruled that evidence in the land boundary dispute between the Peki and Tsito-Awudome Stools, be taken afresh at the High Court which is hearing the matter.
The unanimous decision of the SC which went in favour of the Tsito Awudome Stool, was read by Mr. Justice Steve Allan Brobbey.
The hearing of the stool land boundary dispute between the two communities started way back in 1957 by the then Stool Lands Boundaries Settlement Commission.
With the abolishment of the Commission by the Stool Lands Boundary Settlement (Repeal) Act, 2,000, Act 587, all land dispute cases pending before the Commissioner, including the one in question, which was part-heard, were transferred to the High Court.
At the High Court, while the Tsito-Awudome Stool insisted that the matter be started (“de novo”) afresh, the Peki Stool's stance was that the court should continue with the case.
In its ruling on the matter, the High Court endorsed the stance of the Peki Stool, ruling that the matter should continue from where it was left at the Commission.
Not satisfied with the court's decision, the Tsito-Awudome Stool took the matter up at the Court of Appeal (CA) in the form of an interlocutory appeal, which was dismissed on May 8, 2007.
Still not satisfied, the Tsito-Awudome Stool this time round pursued the matter at the highest court in the land, which on Thursday pronounced verdict in its favour, and ordered that the matter should go back to the High Court for fresh evidence to be taken from both parties.