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JUSTICE GILBERT MENSAH QUAYE v. KOIWAH INVESTMENT CO.LTD. & ORS

2019

SUPREME COURT

GHANA

CORAM

  • YEBOAH JSC (PRESIDING)
  • GBADEGBE JSC
  • APPAU JSC
  • MARFUL-SAU JSC
  • KOTEY JSC

Areas of Law

  • Property and Real Estate Law
  • Civil Procedure

AI Generated Summary

The appeal challenges the decisions of the High Court and the Court of Appeal concerning a Deed of Gift and a Deed of Purchase involving land from the Nungua Stool. The Supreme Court rejected the 1st Defendant’s argument that the High Court’s earlier nullification of the Deed of Purchase should also apply to the Deed of Gift, noting differences in the required consent from accredited elders. It emphasized that estoppel requires identical parties, issues, and subject matters in both cases. The court also highlighted the doctrine of abuse of process to prevent re-litigation of issues that could have been raised earlier. The court affirmed that judgments are prospective rather than retrospective and upheld the principle that a grantor cannot convey what they do not have, dismissing the appeal and affirming the Court of Appeal's decision.

JUDGMENT