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IN RE YENDI SKIN AFFAIRS; ANDANI v. ABUDULAI

April 16, 1981

COURT OF APPEAL

GHANA

CORAM

  • FRANCOIS
  • EDUSEI
  • EDWARD WIREDU JJ.A

Areas of Law

  • Constitutional Law
  • Administrative Law
  • Evidence Law
  • Civil Procedure

AI Generated Summary

Edusei J.A. delivered the principal judgment in a dispute arising from the long-running Yendi Skin Affairs. After a committee of inquiry’s findings were implemented by NRCD 299, SMCD 238 conferred a right of appeal on Mahamadu Abudulai, who filed an appeal and obtained directions. Yakubu Andani, the Ya-Na of Yendi, moved to set aside those directions, arguing AFRCD 32 repealed SMCD 238. The Court of Appeal permitted evidence from Ghana Publishing Corporation’s Senior Assistant Superintendent, Wilfred Richard Quansah, whose records and codes showed AFRCD 32 and Gazette No. 44 were printed and published in October 1979, contrary to the gazette’s September date. Applying the AFRC Proclamation’s prima facie rule and the 1979 Constitution’s transitional provisions, the court held AFRCD 32 had no legal existence; SMCD 238 remained in force. Andani’s application was dismissed and Abudulai’s appeal continued. Francois J.A. concurred. Edward Wiredu J.A. concurred, emphasizing limits on the ouster clause and, alternatively, that “cause of action” does not include appeals.

JUDGMENT