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HARRIET MORRISON & ANOTHER v. REGISTERED TRUSTEES, VICTORY BIBLE CHURCH & OTHERS

2012

COURT OF APPEAL

GHANA

CORAM

  • MARFUL-SAU J.A. (PRESIDING)
  • HONYENUGA J.A.
  • AYEBI J.A

Areas of Law

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

AI Generated Summary

In this appeal, the children of the late C.C.K. Baah challenged a High Court ruling that summarily dismissed their suit and upheld the 1st defendants counterclaim concerning parcels at Awoshie known as Baah Yard. The plaintiffs sought declarations of title and estoppel, cancellation of land certificates, damages, and to set aside an April 8, 2009 terms of settlement under which the 1st defendant paid GH240,000 and the plaintiffs agreed to remove the Odorkor Tipper Truck Drivers and discontinue pending suits. They alleged shoddy preparation, inadequate consideration, undue influence, and unconscionability. The Court of Appeal, per Ayebi J.A., analyzed Order 11 rule 18 of C.I. 47 and inherent jurisdiction, emphasizing that summary dismissal is to be used sparingly and that undue influence claims require evidence at trial. Concluding the case raised triable issues and implicated third-party rights, the Court allowed the appeal, set aside the High Courts ruling, struck out a duplicative notice of appeal, and ordered a full trial.

JUDGMENT