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

NETTEY AND OTHERS v. INSPECTOR-GENERAL OF POLICE AND OTHERS

September 30, 1991

HIGH COURT

GHANA

CORAM

  • LUTTERODT J

Areas of Law

  • Civil Procedure
  • Criminal Law and Procedure
  • Property and Real Estate Law
  • Tort Law

AI Generated Summary

Justice Lutterodt addressed a preliminary objection raised by the plaintiffs counsel during the hearing of an interim injunction application by the third and fifth defendants in ongoing litigation concerning the Ablekuma lands. The plaintiffs had commenced the civil action, leading the defendants to file a defence and counterclaim seeking declarations that leases granted by the plaintiffs were void and an injunction restraining interference. Plaintiffs counsel relied on the Smith v. Selwyn rule, arguing that because the plaintiffs were being prosecuted for felony before a public tribunal in relation to the same lands, the defendants counterclaim and interim application were not maintainable. The court rejected this, finding the rule anachronistic given modern public prosecution, applicable only where the civil plaintiff is also the complainant in the criminal case, and inapplicable where acts were done under a claim of right and the criminal case is bound to fail. The preliminary objection was overruled, allowing the civil matter to proceed.

JUDGEMENT