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

JAMES BADU v. THE REGIONAL DIRECTOR, GHANNA HEALTH SERVICE & ANOTHER

2012

COURT OF APPEAL

GHANA

CORAM

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

Areas of Law

  • Civil Procedure
  • Constitutional Law
  • Employment Law

AI Generated Summary

The Ghana Court of Appeal, constituted by Justices S. Marful-Sau (presiding), C.J. Honyenuga, and Dennis D. Adjei, allowed an appeal arising from the High Court, Cape Coast’s judgment that had awarded a male nurse—long-serving with the Ghana Health Service and posted from Saltpond to St. Francis Xavier Catholic Hospital, Assin Fosu—damages and costs after he challenged his transfer and payment embargo. The nurse sued the Regional Director of Ghana Health Service and the Medical Superintendent of Saltpond Government Hospital, but these are not juristic entities under Act 525. Mid-trial, counsel sought to correct this by substituting the Attorney-General; however, the trial court wrongly substituted the Attorney-General’s Department, and no amended writ was filed or served under Order 4 Rule 5. The Court of Appeal held that without a properly named and served defendant, there was no valid contest and the trial court lacked jurisdiction. Distinguishing the Delta Foods case, and citing Article 88(5), CI 47, and Mosi v Bagyina, the Court declared the entire trial and judgment a nullity and set them aside.

JUDGMENT