LANDS COMMISSION VRS NUMO NOI OSIKANIII (LD/0541/2023) [2024] GHAHC 142 (7 May 2024)

LANDS COMMISSION VRS NUMO NOI OSIKANIII (LD/0541/2023) [2024] GHAHC 142 (7 May 2024)

The pendency of an appeal does not automatically strip the trial court of jurisdiction, especially where new facts of fraud are alleged after judgment. The court must investigate fraud allegations and should not summarily dismiss actions seeking to set aside judgments on such grounds.

Citation
LANDS COMMISSION VRS NUMO NOI OSIKANIII (LD/0541/2023) [2024] GHAHC 142 (7 May 2024)
Parties
Plaintiff/respondent: Lands Commission; Defendant/applicant: Numo Noi Osikan III (Osu Klottey Wulomo, suing for and on behalf of the Osu Stool, Osu Mantse Palace, Osu – Accra)
Court
ghahc
Jurisdiction
Ghana
Judgment Date
7 May 2024
Procedural Posture
Civil / Ruling on Application to Dismiss for Want of Jurisdiction and Abuse of Process
Outcome
application dismissed
Legal Topics
Jurisdiction, Abuse of Process, Fraud, Setting Aside Judgment
Source Language
eng
Land Law Civil Procedure Jurisdiction Abuse of Process Fraud Setting Aside Judgment

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Parties

Lands Commission

Plaintiff/respondent

Numo Noi Osikan III (Osu Klottey Wulomo, suing for and on behalf of the Osu Stool, Osu Mantse Palace, Osu – Accra)

Defendant/applicant

Procedural Posture

Civil / Ruling on Application to Dismiss for Want of Jurisdiction and Abuse of Process

Legal Issues

  1. 1 Does the Notice of Appeal filed by the Respondent strip the Court of jurisdiction?
  2. 2 Does the Court have power to set aside the judgment in Suit No. LD/1094/2019 on grounds of fraud?

Ratio Decidendi

The pendency of an appeal does not automatically strip the trial court of jurisdiction, especially where new facts of fraud are alleged after judgment. The court must investigate fraud allegations and should not summarily dismiss actions seeking to set aside judgments on such grounds.

Court Disposition

application dismissed

Orders

  • Suit not dismissed; Respondent entitled to hearing on fraud allegations.