DZASETSE EMMANUEL BOYE AND ASHONG ANUM vs. HOTEL KUMBAYA & VENTURES

The appellants, as plaintiffs in Suit No. FAL/95/10 at the High Court Land Division, Accra, sued to recover possession of land covered by Land Title Certificate No. GA/22/409, to expunge a lease registration, for perpetual injunction, and damages. The parties later filed terms of settlement on 6 May 2011, asking the court to adopt them as judgment. The High Court adopted the terms as a consent judgment on 24 May 2011. Under the settlement, the respondent was to pay for 30 acres of land, and the appellants were to grant a 99-year lease upon full payment. After partial payment, a third party, Nii Adjetey Mensah Oblie on behalf of the Ayi Mensah Stool, commenced a separate action in the High Court, Koforidua, challenging title to the same land. The respondent then sought first to stay execution and later to set aside the consent judgment, contending that full compliance would expose it to hardship if the appellants were ultimately found not to have good title. This is drawn from paragraphs 2-8 and 18-21 of the judgment.

TANKO AMADU J.A (1) This appeal lies from the ruling of the High Court (Land Division) Accra dated the 5th day of June, 2015. The crucial issue for determination in the appeal is not novel. It turns on whether or not the Court below acted correctly when upon application by the Respondent herein, it proceeded to set aside the consent judgment of the parties founded on their terms of settlement. (2) BACKGROUND FACTS: The facts giving rise to this appeal are not in dispute. They have been adequately set out by the Trial Court in its ruling on appeal. For purposes of a better appreciation, I will set out the background facts in brief. In Suit No.FAL/95/10, at the Court below the Plaintiff/Appellant (hereinafter referred to in this judgment as the ‘Appellant’) sought to recover from the 1st Defendant/Respondent the following reliefs:- (i)Recovery of possession of land being part of the land covered by Land Title Certificate No.GA/22/409 trespassed by 1st Defendant. (ii)An ord...