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EDMUND TORTO PROPRIETOR OF ETON COMPLEX SCH. LTD v. ALICE OFOSUA MILLS

2016

COURT OF APPEAL

GHANA

CORAM

  • P. K. GYAESAYOR, JA (PRESIDING)
  • A M. DORDZIE, JA
  • L. L. MENSAH, JA

Areas of Law

  • Civil Procedure
  • Property and Real Estate Law

AI Generated Summary

This Ghana Court of Appeal decision, authored by A. M. Dordzie JA, arises from a long-running dispute over the land on which Eton Complex Schools stands. The schools were founded in 1967 by Geoffrey Aduama and partners, with Geoffrey contributing the site. After Geoffrey’s death, his widow, Alice Ofosua Mills, secured a Circuit Court judgment in 2010 declaring her owner of the land. The plaintiff, representing Geoffrey’s estate and Eton Complex Schools Ltd., previously did not pursue his appeal against that judgment, and later filed a fresh High Court action seeking declarations grounded on a 1988 High Court case between Geoffrey and Alice. On appeal from the High Court’s 2012 dismissal, the Court of Appeal held that the 1988 case did not decide land title and that remarks about a receipt were obiter. It further held the Circuit Court judgment was regularly obtained under the rules and remains valid, that the High Court lacked jurisdiction to set it aside, and that the fresh action was an abuse of process. The appeal was dismissed with punitive costs.

JUDGMENT