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ABDUL RAHMAN MUMUNI V. ALHASSAN IBRAHIM

(2013) JELR 68036 (SC)

Supreme Court  •  CIVIL APPEAL NO. J4/9/2012  •  27 Feb 2013  •  Ghana

Coram
ATUGUBA J. S. C. (PRESIDING), ANSAH JSC, ADINYIRA JSC, OWUSU JSC, DOTSE JSC.

Judgement

ATUGUBA J. S. C.: We have detected between pages 29—30 of the record of appeal evidence of a negotiated settlement in the plaintiff’s, evidence to the effect that “the house be divided into 2 parts for defendant and his people and part for myself and my people.” Continuing the plaintiff said “Defendant agreed I also agree for peace sake”. In modern times, except for situations such as the Limitation Acts the courts in further aid of the maxim interest reipublicae ut sit finis litium will uphold an estoppel that is clearly established on the evidence though not pleaded as such. We therefore uphold the aforementioned negotiated settlement in this case and amend the plaintiff’s writ to include, in the alternative, a claim for the enforcement of the said negotiated settlement. It is therefore ordered that the said negotiated settlement be enforced according to its terms. In practical terms, we construe the said negotiated settlement, bearing in mind that customary law does the reasonable …

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