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THE REPUBLIC v. THE HIGH COURT, CAPE COAST, EX PARTE: GHANA COCOA BOARD & ANOR

March 11, 2009

SUPREME COURT

GHANA

CORAM

  • ATUGUBA, J.S.C. (PRESIDING)
  • DATE-BAH, J.S.C.
  • ANSAH, J.S.C.
  • OWUSU, J.S.C.
  • ANIN YEBOAH, J.S.C

Areas of Law

  • Civil Procedure
  • Constitutional Law
  • Contract Law

AI Generated Summary

The Supreme Court of Ghana, per Atuguba JSC (presiding) and Date-Bah JSC, granted Ghana Cocoa Board’s application for certiorari, quashing High Court, Cape Coast orders made on 10 and 17 September 2008 in litigation brought by Nana Kwaku Apotoi III against the Attorney-General and Ghana Cocoa Board. The Court held that the Court of Appeal’s stay of execution (20 January 2007) remained in force because the applicant had complied with its conditions and the “urge” clause was merely exhortatory; record preparation lies with the Registry. The High Court’s garnishee proceedings against Ghana Cocoa Board’s National Investment Bank account were thus without jurisdiction and a nullity. The Court also held that the parties’ 2007 terms of settlement were too vague—deferring permanent transfer pending a valuation—and did not supersede the judgment or appeal. Finally, the Court affirmed that appeal and certiorari are not mutually exclusive and exercised its supervisory jurisdiction to quash the orders.