Customer Support

KWAME BOATENG & ANOR
V.
DAVID OSEI MENSAH

(2024) JELR 112502 (CA)

Court of Appeal 13 Jun 2024 Ghana
BriefBot icon

BriefBot Summary

Free

- This is an appeal from a ruling of the High Court in Kumasi, Ghana. - The appeal raises two main issues: the competency of a motion for committal for intermeddling and whether a consent judgment can be set aside when a party to the judgme

Case Details

Suit Number:CIVIL APPEAL NO: H1/028/2024
Judges:ANGELINA MENSAH-HOMIAH(MRS), JA ERIC BAAH, JA ALEX OWUSU-OFORI, JA
Counsel:FELIX AMOAH FOR THE RESPONDENT/APPELLANT WITH RUTH ASSUMADU AND REV. FR. DENNIS YAW BARIMA. ISAAC BOBI FOR THE APPLICANTS/RESPONDENTS

JUDGMENT

MENSAH-HOMIAH, J.A

INTRODUCTION

We have before us, an appeal from the Ruling of the High Court,Kumasi, dated 30 November 2021. By the said Ruling, the Respondent/Appellant was convicted and sentenced to a fine of Twenty-Five Thousand Ghana Cedis (GH₵25,000.00) in an intermeddling application brought by the Applicants/Respondentspursuant to Order 66 rule (3) of the High Court (Civil Procedure) Rules, 2004, CI 47. This appeal raises for our discussion two pivotalissues, namely: (i) the competency of the motion for committal for intermeddling brought under Order 66 rule 3 of CI 47; and (ii) whether a Consent Judgment can be set aside in proceedings where a party to the consent judgment is not a party.

Henceforth, the Applicants/Respondents and theRespondent/Appellant will simply be referred to as Applicants and Respondents for the sake of convenience.

THE FACTS

One Kwadwo Owusu Ansah died testate on 6 July 2016 and in his last Will, he appointed the Applicants herein as Executors. The…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.