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Periodical article | Leiden University catalogue | WorldCat |
Title: | Estoppel by judicial decision in Ghana |
Author: | Woodman, G.R. |
Year: | 1969 |
Periodical: | Journal of African Law |
Volume: | 13 |
Issue: | 2 |
Pages: | 80-97 |
Language: | English |
Geographic terms: | Ghana Great Britain |
Subjects: | customary law land law reception of foreign law |
Abstract: | Although in Ghana most land cases are determined according to Ghanaian customary law, the question whether a party is estopped by previous litigation from making a claim, has since early colonial times always been decided by common-law principles. Attempts to raise disputes which have been decided before frequent. The volume of litigation has enabled the law to be developed in detail by judicial decision. The article describes how certain common-law principles have been elaborated and extended to meet situations which could not have arisen in the countries where they were first propounded: 1. Res judicata (Same parties involved in a previous dispute; Same issue decided in the previous dispute; Valid decision in the previous dispute) - 2. Estoppel by standing by during litigation (Application of the doctrine to customary tenures; Application of the doctrine to the vendor-purchaser relationship; Conditions for the application of the doctrine) - 3. Conclusion. |