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KWABENA OBENG & ANOTHER v. KUMASI METROPOLITAN ASSEMBLY (KMA) & ANOTHER

2015

COURT OF APPEAL

GHANA

CORAM

  • AYEBI, J.A. (PRESIDING

Areas of Law

  • Civil Procedure
  • Constitutional Law
  • Administrative Law

AI Generated Summary

The Appellants filed a suit against a Metropolitan Assembly and its Chief Executive regarding the demolition of their properties without adequate compensation. The Respondents challenged the court's jurisdiction, claiming the Appellants did not comply with the Local Government Act's procedural requirements. The trial judge ruled in favor of the Respondents, but on appeal, the Court held that the trial judge was wrong in dismissing the suit based on a misinterpretation of the statute. The appellate court emphasized that procedural technicalities should not obstruct substantive justice and restored the Appellants' suit for further hearing.

JUDGMENT