Yankah Vrs Mama and Others (consent Judgement) [2016] GHASC 10 (19 April 2016)

Yankah Vrs Mama and Others (consent Judgement) [2016] GHASC 10 (19 April 2016)

The parties mutually agreed to settle all claims by exchanging the disputed property for an alternative property, with the Plaintiff relinquishing all claims and receiving compensation for forfeited structures. The consent judgment is entered on these terms, binding the parties and superseding prior claims.

Citation
[2016] GHASC 10
Parties
Plaintiff/appellant/respondent: John Holdbrook Yankah; Defendant/respondent: Alhaji Mama; Defendant/respondent: Nartey; 3rd Defendant/respondent/appellant: Ike Antwi (acting through Attorney George Ofosuhene)
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
19 April 2016
Procedural Posture
Civil Motion / Consent Judgment at Supreme Court
Outcome
Consent judgment entered; suit settled on agreed terms.
Legal Topics
Consent Judgment, Settlement, Title to Land, Assignment of Lease, Damages for Trespass
Source Language
English
Land Law Civil Procedure Consent Judgment Settlement Title to Land Assignment of Lease Damages for Trespass

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Parties

John Holdbrook Yankah

Plaintiff/appellant/respondent

Alhaji Mama

Defendant/respondent

Nartey

Defendant/respondent

Ike Antwi (acting through Attorney George Ofosuhene)

3rd Defendant/respondent/appellant

Procedural Posture

Civil Motion / Consent Judgment at Supreme Court

Legal Issues

  1. 1 Whether the parties can settle the dispute over title to land by consent judgment
  2. 2 Whether the Plaintiff is entitled to compensation for structures forfeited
  3. 3 Whether the assignment and exchange of properties is valid and enforceable

Ratio Decidendi

The parties mutually agreed to settle all claims by exchanging the disputed property for an alternative property, with the Plaintiff relinquishing all claims and receiving compensation for forfeited structures. The consent judgment is entered on these terms, binding the parties and superseding prior claims.

Court Disposition

Consent judgment entered; suit settled on agreed terms.

Orders

  • 3rd Defendant to procure and assign alternative property to Plaintiff within 30 days.
  • 3rd Defendant to deliver alternative property bare within 21 days or demolish existing structures at own cost.