ABDUL RAHMAN MUMUNI
V.
ALHASSAN IBRAHIM

(2013) JELR 65736 (SC)    
Supreme Court  ·  CIVIL APPEAL NO. J4/9/2012 ·  27 Feb 2013 ·  Ghana
CORAM
ATUGUBA J. S. C. (PRESIDING), ANSAH JSC, ADINYIRA JSC, OWUSU JSC,DOTSE JSC.
Core Terms Beta
sgd
plaintiff
chamber
court
defendant
evidence
hall
justice of the supreme court
people
rooms
said negotiated settlement
unit
aforementioned negotiated settlement
alternative
case
claim
completed buildings
costs
courts
customary law
effect
enforcement of the said negotiated settlement
equal sums
estoppel
finis litium
house
limitation acts
mind
modern times
order
pages
part
parties
parts
plaintiff’s writ
practical terms
r. c. owusu
record of appeal evidence of a negotiated settlement
registrar of the circuit court
rents
residue
respondent
said registrar
situations
s. o. a. adinyira
special circumstances of the case
terms
uncompleted buildings

BY COURT;

We have detected between pages 29 – 30 of the record of appeal evidence of a negotiated settlement in the plaintiff’s, evidence to the effect that “the house be divided into 2 parts for defendant and his people and part for myself and my people.” Continuing the plaintiff said “Defendant agreed I also agree for peace sake”. In modern times, except for situations such as the Limitation Acts the courts in further aid of the maxim interest rei publicae ut sit finis litium will uphold an estoppel that is clearly established on the evidence though not pleaded as such. We therefore uphold the aforementioned negotiated settlement in this case and amend the plaintiff’s writ to include, in the alternative, a claim for the enforcement of the said negotiated settlement. It is therefore ordered that the said negotiated settlement be enforced according to its terms. In practical terms, we construe the said negotiated settlement, bearing in mind that customary law does the reasonable in the…

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