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TETTEH AYAA IDDRISU v. WINFRED OTUAFRO ARYEH & ANOR

May 5, 2010

SUPREME COURT

GHANA

CORAM

  • BROBBEY, JSC (PRESIDING)
  • ANSAH, JSC
  • DOTSE, JSC
  • YEBOAH, JSC
  • BAFFOE-BONNIE, JSC

Areas of Law

  • Property and Real Estate Law
  • Contract Law
  • Evidence Law
  • Civil Procedure

AI Generated Summary

The Ghana Supreme Court, per S. A. Brobbey JSC, dismissed an appeal by the Defendant/Appellants challenging an order enforcing a 29 September 1993 agreement (Exhibit C) between the parties concerning rent and compensation on 200 acres of land. The High Court (Victor Ofoe J.) had held that Appellants agreed to pay a202000 per acre and compensation for encroached residential plots, ordering a survey. The Court of Appeal later dismissed Appellants02019 appeal. In the Supreme Court, Appellants relied on the omnibus ground that the judgment was against the weight of evidence, seeking to raise title, forgery, and duress. The Court declined to determine title because it was not pleaded or tried and Appellants offered no positive evidence of root or boundaries. Alleged economic duress failed under Pao On and Universe Sentinel: Appellants did not show lack of alternatives or catastrophic consequences and took no steps to avoid the contract. Forgery failed: particulars were unpleaded and, as a civil allegation of crime, required proof beyond reasonable doubt. The appeal was dismissed.

JUDGMENT