Tanihu and 9 Others Vrs Kpankpah and 2 Others [2023] GHAHC 81 (21 June 2023)
- Citation
- [2023] GHAHC 81
- Status
- Judgment
- Jurisdiction
- Ghana
- Court
- High Court
- Posture
- Civil / Consent Judgment
- Language
- English
More details
- Court
- High Court
- Posture
- Civil / Consent Judgment
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court adopted the handwritten mediation report as the consent judgment since both parties and their counsel signed it and raised no objections.
Court disposition
Consent Judgment entered
Orders
- The ADR Mediator's handwritten report dated 5th June 2023 is adopted as the consent judgment of the court.
02
Material facts
Parties
S. E Doku Tanihu & 9 Ors.
Plaintiffs Counsel: Mr. Richard Klu Kpetsi holding brief for Mr. J. A LarkaiNumo Ababio Kpankpah & 2 Ors.
Defendants Counsel: Mr. Mohammed Ibrahim-Anyass holding brief for Mr. Alhaji Farouck Seidu03
Procedural history
Posture
Civil / Consent Judgment
04
Questions and positions
Legal issues
Whether the mediation report should be adopted as the judgment of the court
Party arguments
- Applicant
- Both counsel complied with the court's directive to type and sign the mediation report for clarity and authenticity.
- Respondent
- No objection was raised to the adoption of the handwritten mediation report.
05
Court’s reasoning
Legal principles
- 01
Court Practice
A court may adopt a mediation report as a consent judgment if parties agree and no objections are raised.
06
Ratio, limits and disposition
Ratio decidendi
The court adopted the handwritten mediation report as the consent judgment since both parties and their counsel signed it and raised no objections.
Obiter and limits
- The order to type the mediation report was superfluous.
Court disposition
Consent Judgment entered
- The ADR Mediator's handwritten report dated 5th June 2023 is adopted as the consent judgment of the court.
Source and reliance status
High Court
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Judgment reading view
Judgment text
The complete available source text.
High Court
Judgment
IN THE SUPERIOR COURT OF JUDICATURE IN THE HIGH COURT OF JUSTICE HELD IN TEMA ON WEDNESDAY THE 21ST DAY OF JUNE 2023 BEFORE HER LADYSHIP JUSTICE RITA AGYEMAN-BUDU (MRS) Time: 9:50 am SUIT NO: E1/011/2023 S. E DOKU TANIHU & 9 ORS. … PLAINTIFFS VRS NUMO ABABIO KPANKPAH & 2 ORS. … DEFENDANTS ===============================
PARTIES 1st Plaintiff & 7th Plaintiff – Present and representing the other Plaintiffs 1st Defendant-Present 2nd Defendant- represented by Gerald Owusu-Duku 3rd Defendant- Absent
LEGAL REPRESENTATION Mr. Richard Klu Kpetsi holding brief for Mr. J. A Larkai for the Plaintiffs– Present Mr. Mohammed Ibrahim-Anyass holding brief for Mr. Alhaji Farouck Seidu for the1st and 2nd Defendants – Present ====================
CONSENT JUDGMENT ==================== The Court on the 5th of June, 2023 was presented with the Mediation Report filed by Mr. Patrick Agego-Aziza, the Court-connected ADR Mediator. The Court was of the view that since the document was in the handwriting of the ADR Mediator, it 1 | P a g e was advisable for both Counsel to type same and cause parties to append their signatures for ease of reading. Both Counsel have complied with this Order and have typed the said Report and duly attached same to the ADR Mediator’s handwritten one. I have examined both documents and though the typed one is an exact copy of the handwritten one, I am of the view that, the Order was rather superfluous. I hereby rescind same. I will therefore go ahead and adopt the hand-written Report presented by the ADR Mediator, Mr. Agego-Aziza on the 5th of June, 2023 as I do not doubt its authenticity and none of the parties have objected to same. Parties are in Court and their signatures have been duly appended on the report. Respective Counsel for parties have also appended their signatures. The Court hereby adopts the ADR Report presented on the 5th of June, 2023 by the said ADR Mediator Mr. Agego-Aziza as Consent Judgment of this Court. H/L: RITA AGYEMAN-BUDU (MRS) (JUSTICE OF THE HIGH COURT). 2 | P a g e sb.a 3 | P a g e
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