OMNI BSIC GHANA LTD vs SEAWELD ENGINEERING LTD & 2 ORS.
February 8, 2023
HIGH COURT
GHANA
CORAM
- HER LADYSHIP JUSTICE AKUA SARPOMAA AMOAH (MRS.)
Areas of Law
- Civil Procedure
February 8, 2023
HIGH COURT
GHANA
CORAM
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B Y COURT
Upon a careful reading of Rule 21 of the Court of Appeal Rules, 1997 (CI 19) as amended, I am inclined to agree with counsel for Defendants that this Court has no jurisdiction to entertain any application once it is served with Civil Form 6. This is indeed the position even in Interlocutory matters. See: The Republic v High Court, Human Rights Division, Accra Exparte Josephine Akita: Interested Parties: Salma F. Mancell-Egala and Attorney General Civil Motion J5/7/2010 Dated 17th February, 2010. The Court with jurisdiction to entertain the Plaintiff’s application is therefore the Court of Appeal and not this Court. The objection is therefore upheld on grounds of want of jurisdiction.
Costs of One Thousand Ghana Cedis (GH¢1,000.00.) in favour of Defendants.
(SGD)
MRS. AKUA SARPOMAA AMOAH
JUSTICE OF THE HIGH COURT
AI Generated Summary
Mrs. Akua Sarpomaa Amoah, Justice of the High Court, upheld a preliminary objection by the defendants, ruling that the High Court lacked jurisdiction to entertain a pending application after it had been served with Civil Form 6 under Rule 21 of the Court of Appeal Rules, 1997 (CI 19), as amended. The court emphasized that this loss of jurisdiction applies even to interlocutory matters, and cited The Republic v High Court, Human Rights Division, Accra; Ex parte Josephine Akita; Interested Parties: Salma F. Mancell-Egala and Attorney General (Civil Motion J5/7/2010, dated 17 February 2010) in support. Concluding that the proper forum for the Plaintiffs application is the Court of Appeal, the High Court upheld the objection for want of jurisdiction and awarded costs of GH 01,000.00 in favour of the defendants.