THE REPUBLIC v. THE COURT OF APPEAL, EX PARTE: EAST DADEKOTOPON DEVELOPMENT TRUST
2015
SUPREME COURT
GHANA
CORAM
- ANSAH JSC (PRESIDING)
- ADINYIRA (MRS) JSC
- DOTSE JSC
- ANIN YEBOAH JSC
- AKAMBA JSC
Areas of Law
- Civil Procedure
- Administrative Law
2015
SUPREME COURT
GHANA
CORAM
AI Generated Summary
The Supreme Court of Ghana dismissed an application to quash the Court of Appeal's judgment favoring an interested party. The applicant argued that the Court of Appeal lacked jurisdiction due to alleged non-fulfillment of appeal conditions and procedural breaches. The Supreme Court held that there was a presumption of regularity in the appeal and found no jurisdictional breach by the Court of Appeal. Additionally, the Court highlighted that the applicant's conduct and failure to follow proper court procedures undermined their case. Previous case law and statutory provisions were cited to support these conclusions.
ANIN YEBOAH, JSC:
On the 23rd of July, 2015 we dismissed this application and reserved our reasons which we proceed to deliver.
The applicant herein has invoked the supervisory jurisdiction of this court to quash the judgment of the Court of Appeal, Accra, dated the 13th of March 2014. The facts of this application appear to be devoid of any controversy and are fully captured in the affidavit of one Emmanuel Odoi Yemo the chairman of the applicant trust sworn to on the 11th of June 2014.
The said deponent, Emmanuel Odoi Yemo, in the affidavit in support of this application has deposed to the fact that on 30/07/2012 the applicant filed a motion to commit the Interested Party herein for contempt of court before the High Court, Accra. The first respondent in the said contempt proceedings, one Samuel Quaye Tawiah filed an affidavit in opposition to the motion and sought to challenge the capacity of the applicant herein. The other respondent did not file any process upon service on him of the contempt proceedings.
The High Court entertained arguments on the capacity of the applicant herein and ruled that it had capacity to bring the application for contempt. After the ruling which was delivered on 26/04/2013 the third respondent to the application for contempt lodged an appeal to set aside the ruling of the trial High Court, Accra. The other respondent described in the contempt proceedings as the first respondent, that is, Samuel Quaye Tawiah did not
file any appeal to contest the ruling. On the 3rd of July 2013, the parties affected by the ruling in the contempt proceedings were summoned by the Registrar of the High Court, Accra, to settle the records of appeal as a statutory precedent for prosecution of any civil appeal. The parties complied and as it appears in one of the exhibits in this application, precisely, Exhibit “F”, the Registrar of the High Court, Accra, imposed several conditions on the interested party herein to fulfill. According to the applicant, the interested party to this application did not fulfill the conditions of appeal which was statutorily imposed on him by the Registrar of the High Court, Accra. To appreciate the import of what the deponent Emmanuel Odoi Yemo said we reproduce his affidavit in support, specifically paragraph 10, 11, 12 and 13 as this would be appropriate:
“10. That on 22nd January, 2014 the appeal was set down for hearing and the Court of Appeal adjourned same to 13th March 2014 for judgment.
11. That subseque