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OSAM-PINANKO v. LARTEY AND ANOTHER

May 26, 1967

HIGH COURT

GHANA

CORAM

  • ARCHER J

Areas of Law

  • Civil Procedure
  • Tort Law

AI Generated Summary

The High Court, per Archer J, addressed an amended motion by Kweku Atta Osam-Pinanko against Right Rev. S. Dorme Lartey and Rev. R. S. Quayson after his earlier libel suit (Suit No. 16/1963) had been dismissed and review refused. Osam-Pinanko sought to restrain Bishop Lartey from performing ecclesiastical duties due to alleged heresy and witchcraft/trial by ordeal, to prevent interference with his church membership and threatened publications, and to compel an apology regarding Exhibit DI. The court held it was functus officio concerning the libel matter and refused to order an apology. It concluded that any post-judgment threats must be pursued by a fresh writ, and declined jurisdiction over ecclesiastical heresy, directing criminal allegations to the police under the Criminal Code. Exercising inherent and statutory powers (NLCD 84, para 85(2)), the court restrained further frivolous applications, ordering that no additional applications in Suit No. 16/1963 be filed without leave, dismissing the application and awarding sixty cedis costs.

JUDGMENT