[2024]DLCA17657June 13, 2024Court of Appeal

KWAME BOATENG & SETH KWAME ADDO vs. DAVID OSEI MENSAH

JUDGMENT MENSAH-HOMIAH, J.A INTRODUCTION We have before us, an appeal from the Ruling of the High Court, Kumasi, dated 30th November 2021. By the said Ruling, the Respondent/Appellant was convicted and sentenced to a fine of Twenty-Five Thousand Ghana Cedis (GH₵25,000.00) in an intermeddling application brought by the Applicants/Respondents pursuant to Order 66 rule (3) of the High Court (Civil Procedure) Rules, 2004, CI 47. This appeal raises for our discussion two pivotal issues, namely: (i) the competency of the motion for committal for intermeddling brought under Order 66 rule 3 of CI 47; and (ii) whether a Consent Judgment can be set aside in proceedings where a party to the consent judgment is not a party. Henceforth, the Applicants/Respondents and the Respondent/Appellant will simply be referred to as Applicants and Respondents for the sake of convenience. THE FACTS One Kwadwo Owusu Ansah died testate on 6th July 2016 and in his last Will, he appointed the Applicant.....