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GEORGE AMOO ESHUN v. YAISU LTD. & S. K. B. MATANAWUI

2012

COURT OF APPEAL

GHANA

CORAM

  • MARFUL-SAU, J.A. (PRESIDING)
  • HONYENUGA, J.A.
  • DENNIS ADJEI, J.A

Areas of Law

  • Maritime Law
  • Civil Procedure
  • Contract Law

AI Generated Summary

The appellants appealed against the High Court, Sekondi's decision dismissing their application to set aside a Writ of Summons, Statement of Claim, and Summary Judgment concerning a Bare Boat Charter agreement with the respondent over the vessel GRACE A. The appellate court ruled that the High Court lacked jurisdiction to grant summary judgment in maritime actions as prohibited by Order 14 rule 13(a) of L.I. 1129 and Order 14 rule 12(a) of C.I. 47. The appeal was allowed, and the summary judgment along with the refusal to set it aside was rendered void. The judgment emphasized that lack of jurisdiction renders proceedings void and such void judgments can be set aside at any time.

JUDGMENT