BRONI VRS. OWUSU (A1/26/2021) [2025] GHACC 10 (28 February 2025)

BRONI VRS. OWUSU (A1/26/2021) [2025] GHACC 10 (28 February 2025)

The court held that the matter had already been conclusively settled through a Court Connected Alternative Dispute Resolution process, with terms adopted as consent judgment. The Defendant did not deny or challenge this, and the court is divested of jurisdiction to proceed on the merits. The consent judgment is binding and enforceable between the parties.

Citation
[2025] GHACC 10
Parties
Plaintiff: Kwame Broni; Plaintiff: Yaa Sarpomaa; Defendant: Yaw Owusu
Court
Circuit Court
Jurisdiction
Ghana
Judgment Date
28 February 2025
Case Number
A1/26/2021
Procedural Posture
Civil / Judgment
Outcome
Suit dismissed on merits; consent judgment enforced.
Legal Topics
Validity of Will, Family Property, Customary Inheritance, Consent Judgment, Alternative Dispute Resolution
Source Language
English
Succession Family Law Property Law Validity of Will Family Property Customary Inheritance Consent Judgment Alternative Dispute Resolution

Case Brief

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Parties

Kwame Broni

Plaintiff

Yaa Sarpomaa

Plaintiff

Yaw Owusu

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the properties in dispute were originally acquired by Opanin Atta Kwaku.
  2. 2 Whether by tradition and custom the Nzema tribe practices patrilineal inheritance.
  3. 3 Whether all biological children of Opanin Atta Kwaku succeed to his properties by custom.

Ratio Decidendi

The court held that the matter had already been conclusively settled through a Court Connected Alternative Dispute Resolution process, with terms adopted as consent judgment. The Defendant did not deny or challenge this, and the court is divested of jurisdiction to proceed on the merits. The consent judgment is binding and enforceable between the parties.

Court Disposition

Suit dismissed on merits; consent judgment enforced.

Orders

  • Terms of Settlement adopted as consent judgment are enforced between the parties.
  • Cost of Ten Thousand Ghana Cedis (GH₵10,000) awarded in favour of the Plaintiff against the Defendant.