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IDDRISU AYAA TETTEH v. WINFRED OTUAFRO ARYEH TENMOTE AKAKPO

May 19, 2010

SUPREME COURT

GHANA

CORAM

  • BROBBEY, JSC (PRESIDING)
  • ANSAH, JSC
  • DOTSE, JSC
  • YEBOAH, JSC
  • BAFFOE-BONNIE, JSC

Areas of Law

  • Civil Procedure
  • Property and Real Estate Law

AI Generated Summary

This Supreme Court appeal concerns land at New Ashongman, Accra, and obligations declared in a 2002 High Court judgment delivered by Justice Victor Ofoe in Suit No. 1/2001 (IDDDRISU AMAA TETTEY v. WINFRED OTUATO ARYEH & OR). The plaintiff, head of the Ayaa Kwabla family, filed a fresh suit years later seeking an upward review of ground rent from ¢2,000 per acre for 200 acres and compensation for extra land occupied by the defendants. The Supreme Court, per Justice Anin Yeboah, held that the earlier judgment declared existing liabilities and should have been enforced by execution, not by initiating a new action, and that bringing a fresh suit was an abuse of process. Applying appellate principles favoring finality and deference to concurrent findings, the Court rejected the “against the weight of evidence” ground and affirmed the compensation award of ¢50,000,000 per acre.

JUDGMENT