Eskwai logo
Verify now as a student, judge or newly called lawyer for access to discounted plans.

IN THE MATTER OF NANA OPPONG GYAN v. THE PLOT ALLOCATION COMMITTEE & ORS AND THE REPUBLIC v. THE CIRCUIT COURT: BEREKUM

2012

COURT OF APPEAL

GHANA

CORAM

  • MARIAMA OWUSU, J.A. (PRESIDING)
  • FRANCIS KORBIEH, J.A.
  • IRENE DANQUAH, J.A

Areas of Law

  • Civil Procedure
  • Property and Real Estate Law

AI Generated Summary

This Ghana Court of Appeal decision, authored by Justice Mariama Owusu, arises from a land dispute in Suit No. 32/98 at the Circuit Court, Berekum, concerning three parcels at Asuotiano on Dormaa Stool Land. The plaintiff family secured declarations of title and a perpetual injunction, but the trial court did not expressly grant recovery of possession. The plaintiff later obtained an ex parte Writ of Possession, which the High Court, Sunyani, quashed by certiorari. On appeal by the interested party, the Court of Appeal held that the Circuit Court had jurisdiction over the writ; any omission or error was to be corrected by appeal, not certiorari. The court rejected arguments about late delivery of judgment and the supposed mutual exclusivity of appeal and certiorari, set aside the High Court’s order, and dismissed the certiorari application, effectively restoring the Writ of Possession issued by the Circuit Court.