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A.G. BOADU & 7 ORS
V.
THE REGISTRAR & 2 ORS

(2021) JELR 112223 (CA)

Court of Appeal 28 Jan 2021 Ghana
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- The Court of Appeal affirmed that, notwithstanding procedural irregularities, an order of a superior court must be obeyed until set aside; execution of the demolition order was therefore not unlawful, as parties cannot unilaterally disreg

Case Details

Suit Number:H1/04/2021
Judges:Dennis Adjei, JA Eric K. Baffour, JA George Koomson, JA
Counsel:1st 2nd, 3rd and 4th Plaintiffs/Appellants Present; 3rd Defendant/Respondent represented by Joseph Nii Kwei; Prince F. A. Neequaye with Richard Klu for 3rd Defendant/Respondent.
Location:Accra

JUDGMENT

BAFFOUR J.A:

INTRODUCTION

This appeal raises for our consideration matters relating to any possible consequences that could flow from an order of a court that has been carried out by court officials at the instance of a party to an action. As to whether a claim by a party that the order of the court issued was a void order when same had not been set aside at the time of its execution engages our attention for determination. To fully appreciate the issues involved and the grounds of appeal, it would be helpful to recount the antecedents that has given rise to this appeal.

FACTS

In an action instituled Nikoi Olai Amontia IV v. Lands Commission in suit No L776/95, J.E C Okai, sitting as a Master of the High Court granted judgment in favour of the Nikoi Olai Amontia IV as the Asere Mantse on the 30th of January, 1996 over 163.26 acres of land at Pokuase. That judgment was a default judgment in all respect and there is nothing on record to show that subsequent to the grant of this judg…

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