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

KWAKU ADDO v. GODFRED A. BOADI _ ORS

2004

COURT OF APPEAL

GHANA

CORAM

  • ESSILFIE-BONDZIE, J.A. (Presiding)
  • GBADEGBE, J.A.
  • ANIN YEBOAH, J.A

Areas of Law

  • Civil Procedure
  • Alternative dispute resolution
  • Probate and Succession

AI Generated Summary

Writing for the Court of Appeal, Anin Yeboah, J.A., reviewed a dispute arising from the purported redistribution of the estate of Opanin Kweku Boadi. The appellant sought to set aside the redistribution, restrain recipients, claim damages for trespass, and obtain a refund paid to the adjudicating panel; the respondent counterclaimed that a customary arbitration validated the redistribution. Mid-trial, the High Court limited evidence to the validity of the arbitration, despite no record of hearing on the application, and later recharacterized the matter as a negotiated settlement, upholding it in the respondent’s favour. The Court of Appeal held that arbitration and negotiated settlement are distinct, and the trial judge erred by substituting an unpleaded theory and by stating he had heard counsel when the record showed no hearing. The court also criticized the failure to address other pleaded issues under Order 36 rule 4, set aside the judgment, and ordered a new trial.