Twi Vrs Nana [2005] GHACA 17 (17 June 2005)

The failure to carry out the court-ordered survey was a fundamental and irremediable irregularity that rendered the trial a nullity, necessitating a retrial.

Citation: [2005] GHACA 17
Parties: Plaintiff/respondent: Ebusuapanyin Kwame Twi; Defendant/appellant: Esi Nana (deceased), substituted by Kofi Dadzie
Court: Court of Appeal
Jurisdiction: Ghana
Judgment Date: 17 June 2005
Procedural Posture: Civil Appeal / Judgment
Outcome: appeal allowed, trial court decision set aside, retrial ordered
Legal Topics: Res Judicata, Estoppel, Survey Evidence, Boundaries, Nullity of Proceedings
Source Language: English

Civil Procedure Land Law Res Judicata Estoppel Survey Evidence Boundaries Nullity of Proceedings

Case Brief

Summary, issues, holding and outcome

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Parties

Ebusuapanyin Kwame Twi

Plaintiff/respondent

Esi Nana (deceased), substituted by Kofi Dadzie

Defendant/appellant

Procedural Posture

Civil Appeal / Judgment

Legal Issues

1 Whether the failure to carry out a court-ordered survey vitiated the trial
2 Whether the principle of res judicata applied to the dispute over land boundaries

Ratio Decidendi

The failure to carry out the court-ordered survey was a fundamental and irremediable irregularity that rendered the trial a nullity, necessitating a retrial.

Court Disposition

appeal allowed, trial court decision set aside, retrial ordered

Orders

The decision of the court below is set aside.
The case is remitted to the court below for a retrial.