Eskwai logo
Verify now as a student, judge or newly called lawyer for access to discounted plans.

REPUBLIC v. HIGH COURT, ACCRA (COMMERCIAL DIVISION); EX PARTE APPENTENG

February 3, 2010

SUPREME COURT

GHANA

CORAM

  • ATUGUBA, J.S.C. (PRESIDING)
  • ANSAH, J.S.C.
  • BAFFOE-BONNIE, J.S.C.
  • ARYEETEY, J.S.C.
  • GBADEGBE, J.S.C

Areas of Law

  • Civil Procedure
  • Administrative Law

AI Generated Summary

The Supreme Court of Ghana, per Atuguba JSC, considered an application for certiorari arising from a contempt conviction entered by Justice Issifu Omoro Tanko Amadu, a Commercial Division judge who had been authorized by the Chief Justice to sit as a vacation judge and preside over the Land Division during the 2008 legal vacation. The applicant, an executor of the late Samuel Christian Appenteng’s estate, had obtained a writ of possession and a subsequent order for forcible entry and arrest after interested parties allegedly obstructed execution. Following allegations that the applicant and a co-defendant forcibly removed beneficiaries’ equipment, the interested parties pursued contempt, and the High Court convicted. The Supreme Court held that although contempt is a standalone substantive matter, Tanko Amadu’s cross-division authority was limited to the vacation period and had lapsed by 20/10/2008. Nonetheless, certiorari was refused because the applicant failed to object to jurisdiction at the earliest opportunity, with the Court emphasizing the discretionary nature of the remedy, the need to curb forum shopping, and the absence of any error on the face of the record.

RULING