judy.legal
Login Register

KWAME BOAKYE V. ANANE ASARE CIVIL APPEAL NO. 19/2003 14TH JULY, 2004

(2004) JELR 68352 (SC)

Supreme Court  •  CIVIL APPEAL NO. 19/2003  •  14 Jul 2004  •  Ghana

Coram
ACQUAH J.S.C. (PRESIDING),ATUGUBA J.S.C,SOPHIA AKUFFO J.S.C,ADZOE J.S.C,BADDOO J.S.C.

Judgement

J U D G M E N T

ATUGUBA J.S.C.

In this case the appellant's predecessor had sued the respondent and another in a District Court over title to some land. He obtained judgment there. However, on appeal the High Court, Sunyani reversed the said Judgment in favour of the respondent. Dissatisfied, the appellant's said predecessor appealed to the Court of Appeal.

Before the appeal could be heard the appellant's said predecessor died and the appellant was duly substituted in his stead.

The respondent maintains that after the said substitution and before the said appeal could be heard, he and the appellant had had the subject-matter of the appeal amicably compromised out of court and had even gone further to agree to have the said pending appeal with drawn.

All this notwithstanding, the respondent complains, the appellant went ahead and prosecuted the said appeal, obtaining judgment in his favour, in his (respondent's) absence.

The respondent therefore sued the appellant in the High court, sunyani,…

There's more. Sign in to continue reading

JUDY is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login