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Edmund Ocansey v. The Tenant (Joyce) and ORS

2016

COURT OF APPEAL

GHANA

CORAM

  • M. OWUSU, (J.A.) - Presiding
  • DORDZIE, (J.A.)
  • KWOFIE, (J.A.)

Areas of Law

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

AI Generated Summary

The plaintiff's suit against the defendants regarding a disputed property was dismissed by the High Court on the basis that it could not decide on a matter previously adjudicated by the Court of Appeal. The trial court found that the Deed of Transfer by the President restoring the confiscated property to the plaintiff was invalid as PNDCL 325 had been repealed. The plaintiff appealed, but the Court of Appeal upheld the High Court's decision, invoking estoppel per rem judicatem and confirming that the lower court was right in deeming the matter incompetent. The decision referenced several constitutional articles and the Confiscated Assets (Removal of Doubts) Law, 1993.

JUDGMENT