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MARY AMOAH V. EDWARD ACQUAH

(2010) JELR 64114 (CA)

Court of Appeal  •  SUIT NO: H1/122/2010  •  21 Oct 2010  •  Ghana

Coram
MARIAMA OWUSU J.A. (PRESIDING), YAW APPAU J.A., MARFUL-SAU J.A.

Appearances
MR. THOMAS HUGHES FOR THE RESPONDENT/APPELLANT; MR. ROBERT ALLOTEY FOR THE PETITIONER/RESPONDENT.

Judgement

JUDGMENT

YAW APPAU, J.A.

What the appellant in this appeal is praying for basically is for the reversal of certain orders made by the trial High Court (i.e. the court below) in what appears to be multiple judgments delivered by the Court below on 9/12/2008 and 31/07/2009 respectively and the remittance of the matter to the court below for the right procedure to be employed. The respondent, who was the petitioner in the court below and on whose behalf those orders were made, challenged the competence of the appeal on the ground that the judgment of the court below was a 'consent judgment' which could not be appealed against. This Court is therefore called upon to determine what a consent judgment is and whether the two separate judgments delivered by the court below on 19th December 2008 and 31st July 2009 constituted consent judgments.

The facts in this case are very simple and somehow bizarre. They do not depict episodes of a trial before a Court of record governed by rules of pleading.…

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