Attorney General & Another -vrs- Mercedes Addy [2023] GHACA 51 (23 March 2023)

The lower court exceeded its jurisdiction by awarding an additional year of interest not agreed upon by the parties in the consent judgment, making that portion of the order a nullity.

Citation: Attorney General & Another -vrs- Mercedes Addy [2023] GHACA 51 (23 March 2023)
Parties: 2nd Defendant/appellant: Attorney General; 1st Defendant: Lands Commission; Plaintiff/respondent: Mercedes Addy
Court: ghaca
Jurisdiction: Ghana
Judgment Date: 23 March 2023
Procedural Posture: Civil Appeal / Judgment on Appeal
Outcome: Appeal allowed
Legal Topics: Compulsory Acquisition, Jurisdiction, Consent Judgment, Interest on Compensation, Costs
Source Language: eng

Civil Procedure Land Law Constitutional Law Compulsory Acquisition Jurisdiction Consent Judgment Interest on Compensation Costs

Case Brief

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Parties

Attorney General

2nd Defendant/appellant

Lands Commission

1st Defendant

Mercedes Addy

Plaintiff/respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

1 Whether the lower court exceeded its jurisdiction by awarding additional interest beyond what was agreed by the parties in a consent judgment

Ratio Decidendi

The lower court exceeded its jurisdiction by awarding an additional year of interest not agreed upon by the parties in the consent judgment, making that portion of the order a nullity.

Court Disposition

Appeal allowed

Orders

Order awarding additional one year interest on the compromised claim is set aside
No order as to costs