THE NEW PATRIOTIC PARTY (NPP) & OTHERS v. IBRAHIM FELIX & OTHERS
April 12, 2016
COURT OF APPEAL
GHANA
CORAM
- E. K. AYEBI (PRESIDING), JA
- GERTRUDE TORKORNOO, (MRS.), JA
- ANGELINA M. DOMAKYAAREH (MRS.), JA
Areas of Law
- Civil Procedure
April 12, 2016
COURT OF APPEAL
GHANA
CORAM
AI Generated Summary
This interlocutory appeal concerns an attempt by 2nd–4th defendants/appellants to summarily terminate a fraud‑based suit brought by Manhyia North Constituency executives of the New Patriotic Party (NPP). Those executives challenged, in the High Court, Kumasi, a consent/compromise judgment entered by the High Court, Accra on 29 August 2014 in Suit No. BMISC 634/2014 between party members Kwame Owusu‑Ansah, Sarpong Kumankuma and Anthony Gyamfi‑Ameyaw and the NPP (per its National Elections Committee) and the Electoral Commission. The Accra case, tied to the Tedam Committee’s annulment recommendation, concluded in terms adopted by the court. A subsequent Supreme Court certiorari brought by Joseph Danso of Kumawu was dismissed on fair‑hearing grounds for non‑parties, without adjudicating the legality of the settlement. The Court of Appeal held that inherent jurisdiction cannot displace express procedural rules, that the dismissal application was out of time under Order 9 r.8, and that res judicata and abuse of process were not established. The appeal was dismissed and the matter returned to the trial court.
AYEBI, JA
1. This interlocutory appeal arose out of a ruling of the High Court Kumasi dated 6th June 2015. In the suit itself, the plaintiffs/respondents claimed the following reliefs:
a) An order of the Court setting aside the consent/compromise judgment entered by the High Court, Accra dated the 29th day of August 2014, in the suit entitled “Kwabena Owusu-Ansah and 2 Others vrs New Patriotic Party & Or. with suit No. BIMSC 634/2014 on the grounds of fraud through misrepresentation, willful deceit, collusion and conscious violation of rules of natural justice and of court.
b) A declaration that the plaintiffs being the validly elected constituency Executives/officers of the New Patriotic Party for the Manhyia North Constituency in the Ashanti Region of the Republic of Ghana remain as such Executives/officers for all purposes relating to their respective offices.
c) An order of injunction restraining the defendants, their agents, privies and workmen from denying the plaintiffs the enjoyment and exercise of their rights and the performance of their duties as officers/Executives of the 1st defendant’s Political Party for the Manhyia North Constituency including their participation in the 2016 parliamentary primaries of the 1st defendant’s Political Party.
d) Cost including solicitor’s fees
e) Any further order as the Honourable Court may deem fit.
2. Upon service of this writ of summons on all the defendants, the 2nd to 4th defendants/appellants herein entered a conditional appearance and filed on 10th June 2015 an application to dismiss the action based on the inherent jurisdiction of the court and Order 2 r.3(2) and r.5; Order 9 rule 8, and Order 11 r.18(1)(d) of C.I. 47. The defendants/applicants therein attached a written submission to the application and at the hearing, relied on it. The counsel for the plaintiffs/respondents opposed the application in an oral submission. In its ruling dated 6th June 2014, the court dismissed the application in the first place for the violation of procedural convention and rules of court namely that the inherent jurisdiction of the court should not be invoked in the face of an express rule relating to the matter or specific situation and an application consequent upon the entry of a conditional appearance should be filed within 14 days. Further the court held that the application is incompetent and has no merit.
3. It is against this ruling that the defendants/appellants herein have appealed to this court to