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AGYEKUM v. ASAKUM ENGINEERING AND CONSTRUCTION LTD.

1990

SUPREME COURT

GHANA

CORAM

  • ADADE
  • FRANCOIS
  • AMUA-SEKYI
  • AIKINS JJ.S.C.
  • ADJABENG J.A

Areas of Law

  • Civil Procedure
  • Contract Law
  • Corporate Law
  • Tort Law

AI Generated Summary

In a case involving civil engineers and their former general manager, the Supreme Court addressed issues of wrongful detention of equipment, jurisdiction to hear motions, and the sufficiency of defensive claims. The Court upheld the decision to strike out parts of the defense, as they were found frivolous and did not constitute a valid response. Past rulings and jurisdictional principles were stressed, emphasizing that judges of co-ordinate jurisdiction cannot overrule each other's orders except through proper appellate channels. The decision also reinforced the power to strike out pleadings and the importance of adherence to procedural rules, signaling significant implications for civil procedure, corporate governance, and equitable remedies.

JUDGMENT