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PETER OSEI ASSIBEY v. LANDS COMMISSION

2019

COURT OF APPEAL

GHANA

CORAM

  • M. OWUSU, (J.A.) - PRESIDING
  • DZAMEFE, (J.A.)
  • WELBOURNE, (J.A

Areas of Law

  • Civil Procedure
  • Property and Real Estate Law
  • Constitutional Law

AI Generated Summary

The High Court, Kumasi, dismissed the plaintiff's suit on grounds of estoppel by prior adjudication, citing a previous Court of Appeal decision that resolved the same issues. Dissatisfied, the plaintiff appealed to the Court of Appeal, arguing multiple grounds including a misapplication of the doctrine of res judicata and jurisdictional errors. The plaintiff sought to overturn the High Court's decision, seek damages, and claim violations of property rights under Article 20 of the 1992 Constitution. Upon review, the Court of Appeal dismissed the appeal, affirming the lower court's ruling on the basis that the issues had been previously resolved and thus estopped the present action, upholding principles of estoppel, res judicata, and the juridical powers of the Court of Appeal.

JUDGMENT