Introduction In February 2023, the Supreme Court in its decision in the Republic v. High Court (Commercial Division) Accra, Ex Parte Yvonne Amponsah Brobbey[1] (described in this paper as ‘the case under review’), underscored that the Rules of Court Committee is incapable of conferring criminal jurisdiction on the High Court in intermeddling cases. In their...
Introduction In the recent case of The Republic v. High Court (Commercial Division), Accra; Ex Parte Yvonne Amponsah Brobbey (Gladys Nkrumah – Interested Party)[1], the Supreme Court held inter alia, that the Rules of Court Committee did not have the mandate to create a criminal offence under Order 66 rule 3 of the High Court...
Introduction The Common Law doctrine of res judicata holds that where a court of competent jurisdiction has determined a case to finality, the parties and their privies are precluded from relitigating the same issue or claim[1]. The common notion among the courts in Ghana is that the res judicata doctrine is ‘well-settled’[2]. Nevertheless, some judges...
Authors: Antoinette Kyeremanteng & Theophilus Boateng Osei Abstract This paper seeks to analyze, evaluate and examine the contention whether or not recovery of possession after judgment can be obtained ex parte or on notice to all parties in the suit and all persons in possession. Introduction One of the well-known maxims of equity is “Equity...
Author:Richmond Agbelengor Voice summary: 1.Introduction In a legal tussle, facts alleged by a party and admitted by the opposite party do not become facts in issue, and same are seldom pursued by the party that alleged those facts. However, where facts are alleged by a party and same are denied by the opposite party, those...
Voice Summary by Author: Introduction Meaning of default judgment Default judgment is a judgment which is not on its merits but a judgment based solely on the inability of a respondent to the application to file appearance or defence within the statutory periods set down by the rules.[1]This can be argued that a default judgment...
Voice Summary by Author: Introduction. The objective of every Plaintiff who commences an action either by issuance of writ,[1] petition[2] or an originating motion on notice[3], is to obtain a favourable judgment, either for the reliefs claimed or for better reliefs if any. When a Writ of Summons and Statement of Claim is issued...
1.Synopsis It isaccepted that there is only one (1) High Court in Ghana but for administrative convenience, the Chief Justice may create different high courts in different parts of the country. . Edward Wiredu J (as he then was) held in the case of Abudulai v. Agyei II and Another[1] that the oneness of the...
Introduction It is fundamental in litigation that parties must commence action against relevant parties to the suit. A plaintiff who conceives that he has a cause of action against a defendant is entitled to pursue his remedy against that defendant and cannot be compelled to proceed against other persons whom he has no desire to...
Introduction Grounds of appeal are the complaints in a judgment which touch upon issues of fact, law or procedure in a case, which if upheld will lead to an appeal being allowed. The grounds of appeal are the alleged errors of law or fact constituting the defects in the judgment and which are relied on...