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DZASETSE EMMANUEL BOYE AND ASHONG ANUM
V.
HOTEL KUMBAYA & VENTURES

(2019) JELR 67198 (CA)

Court of Appeal 6 Feb 2019 Ghana
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- The appeal in question arises from a ruling by the High Court (Land Division) Accra, dated June 5, 2015. The main issue is whether the lower court acted correctly in setting aside a consent judgment based on the parties' terms of settleme

Case Details

Suit Number:CIVIL APPEAL NO.HI/215/2018
Judges:V.D. OFOE J.A (PRESIDING), B.F. ACKAH-YENSU J.A, I. O. TANKO AMADU J.A
Counsel:MR. HALAALI NCHUAKUNG FOR APPELLANT; MS. DORA ASAMOAH FOR RESPONDENT

JUDGMENT

TANKO AMADU J.A

(1) This appeal lies from the ruling of the High Court (Land Division) Accra dated the 5th day of June, 2015. The crucial issue for determination in the appeal is not novel. It turns on whether or not the Court below acted correctly when upon application by the Respondent herein, it proceeded to set aside the consent judgment of the parties founded on their terms of settlement.

(2) BACKGROUND FACTS:

The facts giving rise to this appeal are not in dispute. They have been adequately set out by the Trial Court in its ruling on appeal. For purposes of a better appreciation, I will set out the background facts in brief. In Suit No.FAL/95/10, at the Court below the Plaintiff/Appellant (hereinafter referred to in this judgment as the ‘Appellant’) sought to recover from the 1st Defendant/Respondent the following reliefs:-

(i) Recovery of possession of land being part of the land covered by Land Title Certificate No.GA/22/409 trespassed by 1st Defendant.
(ii) An order expung…

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