Tetteh Vrs Ababio and Another [2018] GHASC 10 (14 February 2018)

Tetteh Vrs Ababio and Another [2018] GHASC 10 (14 February 2018)

The proceedings and judgment of B. O. Tetteh J dated 1st June, 2009 were a nullity as there was no legal process invoking the court's jurisdiction after a final consent judgment had been entered, and the minutes adopted did not constitute enforceable legal rights. The appellant, as head of a family affected by the void order, had locus to apply to set it aside by motion. The lower courts erred in focusing on procedural technicalities and failing to address the voidness of the judgment.

Citation
[2018] GHASC 10
Parties
Plaintiff/respondent/respondent: Nai Otuo Tetteh; Defendant/respondent: Opanyin Kwadwo Ababio (deceased), substituted by Naache Awo Chocho Botwey IV; Applicant/appellant/appellant: Nai Kojo Adu II
Court
Supreme Court
Jurisdiction
Ghana
Judgment Date
14 February 2018
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal From Court of Appeal
Outcome
appeal allowed
Legal Topics
Consent Judgment, Void Orders, Locus Standi, Setting Aside Judgments, Family Land Disputes
Source Language
English
Civil Procedure Land Law Consent Judgment Void Orders Locus Standi Setting Aside Judgments Family Land Disputes

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Parties

Nai Otuo Tetteh

Plaintiff/respondent/respondent

Opanyin Kwadwo Ababio (deceased), substituted by Naache Awo Chocho Botwey IV

Defendant/respondent

Nai Kojo Adu II

Applicant/appellant/appellant

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal From Court of Appeal

Legal Issues

  1. 1 Whether the proceedings and judgment of B. O. Tetteh J dated 1st June, 2009 were a nullity and void
  2. 2 Whether the appellant had locus standi to apply to set aside the void order though not a party
  3. 3 Whether the proper procedure was followed in applying to set aside the void judgment

Ratio Decidendi

The proceedings and judgment of B. O. Tetteh J dated 1st June, 2009 were a nullity as there was no legal process invoking the court's jurisdiction after a final consent judgment had been entered, and the minutes adopted did not constitute enforceable legal rights. The appellant, as head of a family affected by the void order, had locus to apply to set it aside by motion. The lower courts erred in focusing on procedural technicalities and failing to address the voidness of the judgment.

Court Disposition

appeal allowed

Orders

  • Ruling of the High Court dated 27th October, 2015 set aside
  • Judgment of the Court of Appeal dated 27th June, 2016 set aside