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Supreme Court dismisses Yaw Boakye review application

Yaw Boakye wanted the Supreme Court of Ghana to overturn its decision

Tue, 25 May 2021 Source: Akua Banson, Contributor

The Supreme Court has dismissed a review application challenging a consent judgement over the fight of a building owned by the late Mr Edward Osei Boakye of Boakye Mattress fame.

The review was filed by one Yaw Boakye who wanted the Supreme Court to overturn its decision to accept the terms of settlement between him and the Trustees of the late businessman.

In a unanimous decision, a three-member panel of the Supreme Court held that the single judge who adopted the terms of settlement as consent judgement did so within the confines of the law.

Also, the court held that Yaw Boakye filed the application in bad faith as he had already been a beneficiary of the consent judgement since 2014 when it was passed, and therefore could not now seek to have it set aside.

Background

Following the death of Mr. Edward Osei Boakye in 2006, a dispute arose between Executors of the Estate and the Trustees who operate under the name Edward Osei Boakye Trust Fund represented by three Trustees, and Yaw Boakye over the ownership of the property.

 

The dispute travelled from the High Court to the Court of Appeal where Yaw Boakye lost in a judgment delivered in 2011 and was ordered to vacate the property.

He filed an appeal at the Supreme Court during which the parties agreed to settle the matter amicably leading to a consent judgement in 2014

As part of the terms of settlement under the consent judgement, the Trustees of Mr. Edward Osei Boakye decided to sublease the property to Yaw Boakye for a period of 15 years for a monthly rent payment of $35,000 payable annually in advance.

Yaw Boakye, however, failed to pay the rent after one year, leading the Trustees to initiate legal action against him.

The legal action commenced at the High Court travelled all the way to the Supreme Court, with Yaw Boakye filing numerous applications, losing all of them.

After the dismissal of his numerous applications, Yaw Boakye then filed the review application which has also been dismissed.

Source: Akua Banson, Contributor