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DZASETSE EMMANUEL BOYE v. HOTEL KUMBAYA & VENTURES

February 6, 2019

COURT OF APPEAL

GHANA

CORAM

  • V.D. OFOE J.A (PRESIDING)
  • B.F. ACKAH-YENSU J.A
  • I. O. TANKO AMADU J.A

Areas of Law

  • Civil Procedure
  • Property and Real Estate Law
  • Contract Law

AI Generated Summary

This Ghana Court of Appeal decision, authored by Justice I. O. Tanko Amadu, arises from the High Court (Land Division), Accras ruling of 5 June 2015 that set aside a consent judgment entered on 14 May 2011 by Bright Mensah J. The original dispute concerned land covered by Land Title Certificate GA/22/409 and a settlement under which the 1st Defendant/Respondent agreed to pay GH600,000 for 30 acres, with the Plaintiff/Appellant to grant a 99year lease upon full payment. After partial payment, the Respondent faced a separate suit in the High Court, Koforidua (Suit No. CI/58/14) by Nii Adjetey Mensah Oblie on behalf of the Ayi Mensah Stool, seeking injunctive relief over the same land. The Accra High Court set aside the consent judgment by motion, rather than fresh action, citing substantial justice. On appeal, the Respondent filed no submissions. Justice Tanko Amadu, with Ofoe JA (Presiding) and AckahYensu JA concurring, held that given the judicially noticeable pendency of the Koforidua proceedings undermining the consideration, substance over form permitted setting aside by application, and dismissed the appeal.

JUDGMENT