NAI OTUO TETTEH
V.
OPANYIN KWADWO ABABIO AND NAI KOJO ADU II

(2016) JELR 65301 (CA)    
Court of Appeal  ·  CIVIL APPEAL SUIT NO. H1/26/16 ·  27 Jun 2016 ·  Ghana
CORAM
HONYENUGA JA (PRESIDING), GYAN JA, SUURBAAREH JA
Core Terms Beta
court
consent judgment
case
appeal
opanyin kwadwo ababio
trial judge
b. o. tetteh
terms of settlement
suit no. c12/29/2015
judgments
learned trial judge
nai kojo adu ii
supreme court
grounds of appeal
high court
naache chochoo botwe iv
nai kojo adu
consent judgments
face of the record
file
ruling of the high court
adu-poku v
aforesaid consequential orders
agreement of both parties
appropriate manner
awo chochoo botwe
consequential orders
court’s decision
declared applicant
first judgment
following terms
immediate serious issue
judgment set
leave of the court
legal validity
member of the gyandodey anona family
minutes of an earlier meeting
motion ex-parte
nai kobina tetteh
nature of the court
notice of appeal
peter dei ofei j
said affidavit
subsequent motion
terms of settlement of the dispute
way of an affidavit

SAEED K. GYAN, JA

This is an appeal against the Ruling of the High Court, Agona Swedru, dated 27th October,2015.

This case raises a huge conundrum. On the face of the record are two judgments in respect of the same case delivered by the same High Court, but differently constituted. Both judgments have been termed Consent Judgments. Issues have, accordingly, and naturally been raised as to the health and legal validity of the said two judgments.

The first judgment was entered by Senyo Dzamefe, J (as he then was) on 22/12/2004 based upon Terms of settlement of the dispute pending before the Court. The Terms of Settlement, filed on 20/12/2004, were duly signed by the parties and their respective legal Counsel [see pages 30 to 32 of the RO A]. The settlement followed an intervention by one Nai Kobina Tetteh who sought the leave of the Court for settlement out of Court, upon the agreement of both parties [page 154 of R O A]. The Court having apparently entered judgment upon the agreed terms o…

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