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

MRS. ABENA POKUA ACKAH v. AGRICULTURAL DEVELOPMENT BANK

2016

SUPREME COURT

GHANA

CORAM

  • DOTSE JSC (PRESIDING)
  • GBADEGBE JSC
  • AKOTO-BAMFO (MRS) JSC
  • AKAMBA JSC
  • PWAMANG JSC

Areas of Law

  • Constitutional Law
  • Civil Procedure

AI Generated Summary

This case involves an application to the Supreme Court of Ghana to include a specific judgment (dated 27th March 2014) from the Court of Appeal in the record for an ongoing appeal. The Applicant argues that there are three different certified judgments from the Court of Appeal with varying dates and contents, and seeks to have the 27th March 2014 judgment included. The Respondents oppose this, claiming no judgment was delivered on that date and that a different judgment (10th April 2014) had revoked an earlier one (5th March 2014) due to an irregular panel. The Supreme Court, exercising its powers under Article 129(4) of the Constitution and its inherent jurisdiction, grants the application. The court reasons that to ensure justice is done, it is fair to include the disputed judgment, especially since both parties acknowledge having certified copies of it. The court emphasizes its power to rectify or correct appeal records and its duty to do justice to all persons accessing the court system. This ruling highlights the Supreme Court's role in managing the appeal process and ensuring a complete and accurate record for consideration. It also demonstrates the court's commitment to fairness and transparency in legal proceedings, even when faced with administrative inconsistencies from lower courts.