Eskwai logo
Verify now as a student, judge or newly called lawyer for access to discounted plans.

DOLPHYNE v. SPEEDLINE STEVEDORING CO LTD AND ANOTHER

July 9, 1996

SUPREME COURT

CORAM

  • ABBAN CJ
  • CHARLES HAYFRON-BENJAMIN
  • AMUAH
  • ACQUAH
  • AKUFFO JJSC

Areas of Law

  • Constitutional Law
  • Civil Procedure

AI Generated Summary

Justice Charles Hayfron-Benjamin JSC delivered the ruling of the Supreme Court of Ghana overruling a preliminary objection to an application for special leave to appeal under article 131(2). The applicant had obtained judgment in the Western Region Circuit Court, but the Court of Appeal reversed by a 2–1 majority. A subsequent appeal to the Supreme Court was dismissed for non-compliance with article 131(1)(b), with ¢300,000 costs awarded. On the fresh application for special leave, counsel E. D. Kom for the respondents argued this was a prohibited “second bite at the cherry” and warned of “floodgates.” The Court rejected that position, holding that article 131(2) confers unfettered discretion to entertain special leave notwithstanding clause (1), adopted the Nyimoh v Dadzie criteria for special leave, found that the applicant’s affidavit raised the fraud issue and public interest, and dismissed the preliminary objection. The panel included the Chief Justice Abban and Justices Akuffo, Acquah, and Amuah.