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THE REPUBLIC v. HIGH COURT, EX PARTE: DR. SAMUEL ANNOR & ANOR

December 14, 2022

SUPREME COURT

GHANA

CORAM

  • DOTSE JSC (PRESIDING)
  • OWUSU (MS.) JSC
  • LOVELACE-JOHNSON (MS.) JSC
  • PROF. MENSA-BONSU (MRS.) JSC
  • KULENDI JSC

Areas of Law

  • Civil Procedure
  • Corporate Law

AI Generated Summary

Trasacco Estates Development Company Limited sued Independence Properties Limited in August 2021 for approximately $19.6 million under a January 2017 contract to design and complete a Hilton Garden Inn in Accra. With overlapping ownership and directors—Ernesto Taricone and Ian David Morris serving in both companies—Independence’s shareholder-director, Dr. Samuel Annor, sought leave to intervene, citing conflicts and inadequate defense, and objected to defense counsel’s capacity. The High Court found merit in the objection but ordered ratification, which was done; Annor appealed and sought a stay. When the trial judge ruled on stay before the motion was moved, Annor petitioned the Supreme Court for certiorari. The Supreme Court concluded the irregularity was not a fundamental error, found no breach of natural justice, emphasized inherent jurisdiction and proper certiorari grounds, dismissed the application, and directed the case back to the High Court for expeditious trial.

RULING