June 8, 2023
COURT OF APPEAL
GHANA
CORAM
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Ackaah-Boafo, JA
i. Overview :
[1] I have had the privilege to read the opinion of my sister Sophia R. Bernasko-Essah (Mrs) JA. Even though I agree with her narration of facts, exposition of the law, reasoning and conclusions reached in this matter, I wish to add a brief contribution and comments.
[2] As indicated above, the background facts to this appeal have been set out in detail by my sister in her lead opinion, consequently it is not necessary to rehash same in this
opinion. A perusal of the Notice of Appeal clearly shows that the issue for our determination is in a narrow compass. The Appellant prays this court to set aside the ruling of the High Court dismissing his application for Mandamus on two main grounds set down in the notice of appeal. The grounds of appeal are that:
(a) The High Court Judge did not adequately consider the application for mandamus filed by the Plaintiff/Appellant and that occasioned a grave miscarriage of justice.
(b) That the ruling of the High Court labour division, Accra is against the weight of evidence.
Even though the Appellant indicated in the notice of appeal that he will file further grounds of appeal upon receipt of the ruling, no additional/further ground(s) of appeal was filed.
ii. The Grounds of Appeal & Submission:
[3] From the nature of the grounds of appeal, it is clear that the Appellant is contending that the court below failed to consider the elements for an application for mandamus. To the Appellant, the trial judge was wrong with her analysis of the facts and application of the law. He contends that the conclusion reached by the court has caused him a miscarriage of justice.
[4] Reading through the written submission filed by the Appellant's Counsel it is clear that he argued both grounds of appeal together. Therefore, I have also decided to consider the two grounds of appeal together because the net effect of the grounds of appeal and as argued by Counsel is that the trial judge failed to consider the facts and the law presented and therefore the ruling is against the weight of evidence.
[5] Decisional law on this ground of appeal are many. They include such cases as Republic v. Conduah; Ex parte Aaba (substituted by) Asmah [2013-2014] 2 SCGLR 1032, and Owusu Domena v. Amoah [2015-2016] SCGLR 790 by which the Supreme Court pointed out that:
'Where the sole ground of appeal is that the judgment is against the weight of evidence, it throws up the case for a fresh consideration o
AI Generated Summary
This Court of Appeal matter concerns an attempt by an employee to obtain mandamus compelling the Executive Director of the Ghana Museums and Monuments Board to reinstate him, relying on a June 7, 2018 directive from the then Minister of Tourism, Arts and Culture addressed to the Board Chairman. The High Court Labour Division in Accra dismissed the application as unmeritorious, noting the substantive trial would continue. On appeal, Justice Kweku T. Ackaah-Boafo, concurring with Justice Sophia Rosetta Bernasko-Essahs lead opinion, criticized the trial judges lack of analytical reasons but reviewed the record under the omnibus against the weight of evidence ground. The panel held that mandamus requires a public statutory duty owed to the applicant; the Executive Director had no such duty to implement the Ministers letter, which was directed to the Board and lacked legal authority to override Board decisions. The appeal was dismissed and the High Courts ruling affirmed.