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KOFI NTIM MANU vs GEORGE OTI BONSU

April 9, 2019

HIGH COURT

GHANA

CORAM

  • HER LADYSHIP, JUSTICE GIFTY AGYEI ADDO, HIGH COURT JUDGE.

Areas of Law

  • Alternative dispute resolution
  • Civil Procedure

AI Generated Summary

This High Court matter between Kofi Ntim Manu (also known as Kofi Lee) and George Oti Bonsu centers on whether a previously executed mediation settlement bars a fresh suit seeking repayment of funds arising from their land and financial dealings. Manu claimed Bonsu owed an outstanding USD 40,000 from a loan and related land transactions, while Bonsu argued that the parties executed a settlement agreement on 12 October 2016 (Exhibit A), witnessed by Frank Tawiah, Paa Gyimah Genfi, and Kwame Amofa, which reversed earlier land sales and set a structured repayment totaling USD 180,000, with USD 50,000 already paid. The Court analyzed the Alternative Dispute Resolution Act, 2010 (Act 798), holding that once parties sign a mediation settlement, it is binding, has the effect of an arbitral award, and is enforceable like a judgment with leave of the High Court. Therefore, the proper route was enforcement, not relitigation. The Court, exercising its inherent jurisdiction, struck out Manu’s statement of claim and dismissed the suit, awarding costs to Bonsu.

RULING