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THE CIRCUIT COURT EX-PARTE: MADAM AKUA BOSOMPEMAA & KOFI NSIAH v. AMMA ADUTWUMWAA

2018

COURT OF APPEAL

GHANA

CORAM

  • SENYO DZAMEFE
  • K. N. ADUAMA OSEI
  • MARGARET WELBOURNE (MRS.)

Areas of Law

  • Alternative dispute resolution
  • Civil Procedure
  • Contract Law

AI Generated Summary

The High Court quashed a consent judgment from the Circuit Court, Kumawu based on the principle that such judgments must be express, precise, and signed by the parties to be binding. The Circuit Court erred by adopting terms of settlement not signed by the litigants themselves, and thus the judgment was deemed an error of law and in violation of natural justice. The appellate judge upheld the High Court's decision on the grounds that certiorari was appropriate given the errors in the original procedures, underscoring the importance of proper consent in settlements.

JUDGMENT