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NAI OTUO TETTEH V. OPANYIN KWADWO ABABIO AND NAI KOJO ADU II

(2016) JELR 65301 (CA)

Court of Appeal  •  CIVIL APPEAL SUIT NO. H1/26/16  •  27 Jun 2016  •  Ghana

Coram
HONYENUGA JA (PRESIDING), GYAN JA, SUURBAAREH JA

Judgement

SAEED K. GYAN, JA

This is an appeal against the Ruling of the High Court, Agona Swedru, dated 27th October, 2015.

This case raises a huge conundrum. On the face of the record are two judgments in respect of the same case delivered by the same High Court, but differently constituted. Both judgments have been termed Consent Judgments. Issues have, accordingly, and naturally been raised as to the health and legal validity of the said two judgments.

The first judgment was entered by Senyo Dzamefe, J (as he then was) on 22/12/2004 based upon Terms of settlement of the dispute pending before the Court. The Terms of Settlement, filed on 20/12/2004, were duly signed by the parties and their respective legal Counsel [see pages 30 to 32 of the RO A]. The settlement followed an intervention by one Nai Kobina Tetteh who sought the leave of the Court for settlement out of Court, upon the agreement of both parties [page 154 of R O A]. The Court having apparently entered judgment upon the agreed terms …

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