Judicial Training Institute

Judgments


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Judgements.

       
1    1. MR. SAMUEL OKUDZETO ABLAKWA - PLAINTIFFS 2. DR. EDWARD KOFI OMANE BOAMAH VRS 1. THE ATTORNEY-GENERAL 2. HON. JAKE OTANKA OBETSEBI-LAMPTEY - DEFENDANTS
Constitutional Law - Sale and transfer of compulsorily acquired Public or Government Land to private person constituting public interest matter - 1992 Constitution, arts. 20(5) & (6), 23, 257 and 296.
Original Jurisdiction of Supreme Court in Constitutional matters - Test for determining constitutional matter requiring interpretation and enforcement of 1992 Constitution - nature of law relevant to resolution of issues; law having closest connection with issues; law which will wholly or substantially dispose of action - 1992 Constitution, arts. 2 and 130

Presiding Judge:ATUGUBA JSC
Coram:AKUFFO (MS) JSC, BROBBEY JSC, ADINYIRA (MRS) JSC, OWUSU (MS) JSC, DOTSE JSC, BAFFOE-BONNIE JSC, ARYEETEY JSC, AKOTO-BAMFO JSC
2    1. ARNOLDUS MARIA VAN DE MAST 2. ELIZABETH MARIA VAN DE MAST-VAN DER WAL --- PETITIONERS VRS 1. PATRICK HARRO KOOLEN 2. NICOLE MARIA ESMERALDE KOOLEN-HEIJ --- RESPONDENTS
Company Law - Winding up - Voluntary - Petitioners seeking for winding up under the Bodies Corporate (Official Liquidations) Act 1963 (Act 180) - winding up relief sought on just and equitable grounds - each side prepared to buy out the other - Whether action properly brought before court - Alternative relief available - Claim for winding up dismissed - Petitioners allowed to buy out Respondents.
Presiding Judge:JUSTICE RICHARD ADJEI-FRIMPONG
Coram:
3    1. BEN OKEKE 2.PRINCE UMEH a.k.a SAKORA 3.JOSHUA CHUKU 4. EMEKA OSENDO ... APPELLANTS VRS THE REPUBLIC ... RESPONDENTS
Criminal law and Procedure - Committal Proceedings - Act 30 s. 187 and s. 188 - Non compliance would not cause miscarriage of justice - Alibi - Failure to give statutory notice - Act 30 s. 131 not complied with by Trial Judge - No misdirection of Jury - Act 30 s. 406(2) - whether objections should have been raised earlier - NRCD 323 s.13(1) and s.16 - Burden of Proof - Jury directed that onus is on Prosecution.
Presiding Judge:AKUFFO (MS), J.S.C.
Coram:ADINYIRA (MRS.), JSC, OWUSU (MS.), J.S.C., YEBOAH, J.S.C., GBADEGBE, J.S.C.
4    1. DUODU AMOO 2. MADAM NAADU --- PLAINTIFFS/RESPONDENTS/RESPONDENTS VRS 1. BERNARD NIMAKO AKOWUAH 2. SAMUEL NII OTU ANKRAH --- DEFENDANTS/APPELLANTS/APPELLANTS
Practice and procedure - Execution of bail bond by illiterate - Whether due process was followed in the execution - Proof - Onus on party who seeks to bind the illiterate to document - Irregularities in document - Whether illiterate was a surety.
Execution of Judgment Debt - Process that must be followed for due execution of debt - Error found in the initial entry of judgment - Duty of court to correct the error - Supreme [High] Court Civil Procedure Rules LN 140A, 1954, Order 28, Rules 11&12.

Presiding Judge:WOOD (MRS) C.J
Coram:BROBBEY, JSC, OWUSU (MS), JSC, YEBOAH, JSC, BONNIE, JSC.
5    1. ISSAKA IDRISSA 2. AXA ASSURANCES SENEGAL - PLAINTIFFS VRS. 1. NAMIBIA SHIPPING LIMITED 2. AFRICAN SERVICES (DK) A/S 3. THOMAS MILLER P & 1 LTD
BY COURT: Parties have settled their dispute and terms of settlement set down as Consent Judgment. Defendants will pay Plaintiff the sum of GH¢40,000.00 as full and final settlement of claims and costs of GH¢2,000.00.
Presiding Judge:GERTRUDE TORKORNOO
Coram:GERTRUDE TORKORNOO
6    1. KWABLA DZODANU 2. SETH LAVIE VRS. RUBBER PLANTATION LTD
OFOE,J.A: The facts of this case are simple and substantially not in dispute. The defendant/appellant company(hereinafter referred to as the defendant) has acquired from the Divestiture Implementation Committee lands for the cultivation of a rubber plantation.
Presiding Judge:OFOE,J.A.
Coram:AKAMBA, APALOO, OFOE
7    1. MICHAEL NTIM GYAKARI 2. PAUL MENSAH 3. FRANK DANKWA VRS THE REPUBLIC
Presiding Judge:
Coram:
8    1. MOHAMMED .B. SAHNOON 2. MRS. ROSEMARY .B. SAHNOON VRS REGIMANUEL GRAY LIMITED
The plaintiffs purchased a house valued at 187,400$ from the defendant company per agreement dated October 2007. The agreement was tendered as exhibit A. Section 2.2 of the agreement provided that within 180 days of receipt of 40% of the purchase price, the developer would commence construction of the house.
Presiding Judge:GERTRUDE TORKORNOO
Coram:GERTRUDE TORKORNOO
9    1. NANA ATOAA SRAMANGYEDUA III, QUEEN MOTHER OF WENCHI,WENCHI 2. NANA DR. ABREFA MENSAH ABRAMPA, ABAKOMAHEMAA OF WENCHI 3. NANA OWUSU ACHIAW II, AKRAFOHENE OF WENCHI 4. OHENEBA DR. KRABIRI BOATENG I, JUMAKWAIHENE OF WENCHI, WENCHI - PETITIONERS/APLTS/RESPONDENTS VRS 1. KWADWO NYAM NKETIA, WENCHI 2. NANA OWUSU ANSA KOKROKO, KRONTIHENE OF WENCHI TRADITIONAL AREA COUNCIL, AND ACTING OMANHENE AND THE PRESIDENT OF THE HOUSE 3. NANA KUMI ADUSI POKU, GYEASEHENE OF WENCHI, ALL OF WENCHI, B/A - RESPONDENTS/RESPS./APPELLANTS
Chieftaincy - Nomination - Election/Selection Enstoolment - Installation - Test of 'reasonableness' and 'fairness' of notice under customary law - Chieftaincy Act 2008(Act 759),s. 62(2) - Void Acts constituting nullity
Presiding Judge:BROBBEY JSC
Coram:DR. DATE-BAH JSC, BAFFOE-BONNIE JSC, ARYEETEY JSC, AKOTO-BAMFO (MRS) JSC
10    1. REBECCA GYAMFI 2. ERIC MANU BOAFO --- PLAINTIFFS/RESPONDENTS VRS ADU ESQ. ANAJI --- DEFENDANT/APPELLANT
Civil Practice and Procedure - Application to set aside default judgment - Whether defendant's affidavit in support and supplementary affidavit disclose triable defence - No automatic right to set aside judgment but must demonstrate to court credible defence against claim.
Presiding Judge:S. MARFUL-SAU,J.A
Coram:SENYO DZAMEFE,J.A, DENNIS D.ADJEI,J.A
11    1. RICHARD ODUM BORTIER 2. DANIEL QUAYE ... PLAINTIFFS VRS 1. THE ELECTORAL COMMISSION OF GHANA 2. THE ATTORNEY GENERAL ... DEFENDANTS
Constitutional law - Interpretation - Constitution, 1992,art. 47 - Demarcation of constituency boundaries - Whether a proper cause of action was brought - Whether Supreme Court has original jurisdiction - Constitution, 1992, art. 48 - Whether there is specific course of action prescribed by Constitution.
Presiding Judge:ATUGUBA J.S.C
Coram:AKUFFO (MS)JSC,BROBBEY JSC,ANSAH JSC,ADINYIRA (MRS)JSC,YEBOAH JSC,BONNIE JSC,GBADEGBE JSC,AKOTO-BAMFO (MRS)JSC
12    1.BEN MIREKU 2.GABRIEL TETTEH MIREKU 3.KWASI BADU ... PLAINTIFFS/RESPONDENTS/APPELLANTS VRS 1.ARCHIBALD OKPON TETTEH 2.VICTORIA ATSWEI 3.ELIZABETH AJORKOR 4.ADMINISTRATORS OF THE ESTATE OF ADJEI TETTEH ... DEFENDANTS/APPELLANTS/RESPONDENTS
Lease Agreement - Renewal of lease not implied covenant,must be expressly stated.Absence of renewal clause in lease agreement does not render agreement unconscienable. Refurbishment and expansion of leasehold property not ground to order renewal of expired lease.Law of contract:trial court lacks power to make new contract for parties on terms not mutually agreed upon by parties.
Presiding Judge:SOPHIA AKUFFO (MS.),JSC
Coram:SOPHIA ADINYIRA (MRS.),JSC,ANIN YEBOAH,JSC,BAFFOE-BONNIE,JSC.,SULEY GBADEGBE,JSC.
13    1.MADAM AKOSUA DUFIE 2.KINGSLEY ADU-POKU MENSAH ...PLAINTIFF/RESPONDENTS/RESPONDENTS VRS 1.MADAM AMMA FOSUA 2.KOFI ADU POKU ... DEFENDANTS/APPELLANTS/APPELLANTS
Land law - Family property as against self acquired property,claims against estate of deceased,documentary evidence prevailing over oral evidence.Demand for property rates,nature of evaluation evidence.The Evidence Act - Sections  10, 11 and 12.Burden of Persuasion and Preponderance of Probabilities defined.
Presiding Judge:WOOD (MRS), CJ
Coram:ATUGUBA,JSC,ANSAH,JSC,ADINYIRA (MRS),JSC,DOTSE,JSC.
14    188845 CPL ASUMAN ZAID ISSAH vrs. The Republic
OUAYE,JA: The appellant was tried convicted and sentenced by a Disciplinary Court Martial conducted at Smith Mess, Southern Command Headquarters, Teshie,Accra on charges of:(1) Conduct to the prejudice of Good order and discipline,contrary to section 54(1) of the Armed Forca Act 1962 (Act LOS); (2) Being absent without leave, contrary to section 29 of Act 105 aforesaid; The third and fourth counts too were based on similar particulars as those of count two with slight but significant variations with regard to the t!me frame.
Presiding Judge:QUAYE, J.A.
Coram:QUAYE, ABODAKPI, ARYENE
15    ABDUL SAMED SEIDU vrs. THE REPUBLIC
KUSI-APPIAH, J.A.: This appeal is from the decision of the High Court, Tamale, given on 11th July, 2007 per DOEGAH J. by which the Learned Judge refused and dismissed an application for bail by the applicant ,now the appellant herein. Dissatisfied with the said ruling the appellant has appealed to this court on the following grounds: (1) That the ruling was unreasonable having regard to the circumstances. (2) That the trial Judge exercised his discretion improperly and wrongfully. (3) That the continued detention of the appellant contravenes Articles 14 and 19 of the Constitution of the Republic of Ghana. Before I discuss these grounds of appeal, I would give a brief background information of this case. The facts of the appellant’s case may be gathered from the affidavit in support of his application for bail at the High Court containing the following relevant averments:
Presiding Judge:KUSI-APPIAH, J.A.
Coram:KUSI-APPIAH, GYAESAYOR, AYEBI
16    Accra Brewery Limited Vrs. John Tagoe
This is an appeal against the decision of the High Court, Accra, dated 10-6-2009. In the said decision, the court gave judgment for the plaintiff and held among other things that: “The incident that led to the wrong
Presiding Judge:MARIAMA OWUSU, J.A.
Coram:J. B. AKAMBA, MARIAMA OWUSU, E. K. AYEBI , J.A.
17    ADaM BOA TENG ANTHONY vrs. THE REPUBLIC
AMUAH. J.A:- This is an appeal against sentence. The appellant was tried before the erstwhile National Public Tribunal for: a) Conspiracy to commit crime namely forgery contrary to Sections 22(1) and 139 of the Criminal Code 1960 (Act 29) and section 16 of the Public Tribunals Law 1964 (PNDCL 78) b) Forgery of document uttering forged documents contrary to Section 169 of the said Criminal Code 1960 (Act 29) and Section 16 of the Public Tribunals Law 1964 (PNDCL 78). It was therefore not appropriate to have equated the conviction of the
Presiding Judge:AMUAH, J.A.
Coram:AMUAH, BROBBEY, ESSILFIE BONDZIE
18    ADISI v. CONSTRUCTION & FURNITURE CO. (W.A.) LTD. OF ACCRA [1963] 2 GLR 42-53, Supreme Court
CRABBE J.S.C. This is an appeal from a refusal of Ollennu J. (as he then was) sitting in the High Court, Accra, to set aside an award of J. S. Manyo-Plange, Esquire (sole arbitrator) dismissing the applicant's claim against the defendants. The main grounds on which the applicant sought to impugn the award in the High Court were (1) misconduct on the part of the arbitrator and (2) error of law on the face of the award. The basis of the court's jurisdiction to set aside awards of arbitrators is set out in a statement of Williams J. in Hodgkinson v. Fernie.1 He said:
Presiding Judge:ADUMUA-BOSSMAN, J.S.C.
Coram:ADUMUA-BOSSMAN, CRABBE, BLAY
19    ADJEI AND ANOTHER v. PIE [1975] 1 GLR 62-68, Court of Appeal
Francois J.A. delivered the judgment of the court. After hearing argument on 10 June 1974, we dismissed this appeal and reserved our reasons. These we now give. The plaintiff sought the recovery of moneys he had expended at the defendants' request in the erection of a cocoa shed and an appurtenant building at Abesewa in Ashanti.
Presiding Judge:APALOO, J.S.C.
Coram:APALOO, ANNAN, FRANCOIS
20    ADJETEY ADJEI VRS 1. SEIDU ABUBAKAR 2. LANDS COMMISSION
Presiding Judge:KUSI-APPIAH, J.A.
Coram:
21    ADOM BOATENG ANTHONY vrs. THE REPUBLIC
AMUAH, J.A.:- This is an appeal against sentence. The appellant was tried before the erstwhile National Public Tribunal for: a) Conspiracy to commit crime namely forgery contrary to Sections 22(1) and 139 of the Criminal Code 1960 (Act 29) and section 16 of the Public Tribunals Law 1964 (PNDCL 78)
Presiding Judge:AMUAH, J.A.
Coram:AMUAH, BROBBEY, ESSILFIE BONDZIE
22    AFRICAN AUTOMOBILE VRS GHANA TELECOM
Plaintiff, a company that distributes, services and repairs vehicles and motor cycles sold motor cycles and vehicles and provided other services to defendant, a major telecom company. On the claim by plaintiff that defendant had unpaid debits on its accounts with plaintiff from 1996,
Presiding Judge:GERTRUDE TORKORNOO
Coram:GERTRUDE TORKORNOO
23    AFRICAN AUTOMOBILE VRS. 1. MINISTRY OF EMPLOYMENT AND MANPOWER 2. ATTORNEY GENERAL
This action was commenced on 5th November 2007 for recovery of the sum of 502,799,615.33 cedis or 50,279.96 Ghana cedis. In the statement of claim, the plaintiff pleaded that it had entered into an agreement with the Ministry of Employment, Manpower & Development through a letter dated 21st April 1997
Presiding Judge:GERTRUDE TORKORNOO
Coram:GERTRUDE TORKORNOO
24    AFRICAN AUTOMOBILE LIMITED VRS. TEMA OIL REFINERY
Repudiation, rescission of contract, termination of contract without proof of prior breach. Substitution of original contract – conditions required for validity, The plaintiff, by its Writ and Statement of Claim filed on 15th January 2007, is claiming the sum of 144,424.83 euros or its cedi equivalent as monies due plaintiffs from
Presiding Judge:MRS. JUSTICE GERTRUDE TORKORNOO
Coram:MRS. JUSTICE GERTRUDE TORKORNOO
25    AFRICAN AUTOMOBILE LIMITED --- PLAINTIFF/APPELLANT/APPELLANT VRS THE ATTORNEY - GENERAL --- DEFENDANT/RESPONDENT/RESPONDENT
Contract - Acceptance - Whether evidence of referee is binding - Conclusion of contract a matter of law for judge to determine - Prescribed mode of communicating acceptance should be adhered to - Order for payment of interest using Court (Award of Interest and Post Judgment Interest) Rules,2005 (CI 52) Rules 1 and 2.
Presiding Judge:DATE-BAH JSC
Coram:ANSAH JSC, DOTSE JSC, BONNIE JSC, BAMFO (MRS.) JSC
26    AFRICAN AUTOMOBILE LTD. VRS. MINISTRY OF INFORMATION , ATTORNEY GENERAL
Presiding Judge:APPAU, J.A.
Coram:
27    AFUA GYAN-BAFFOUR VRS. BRITISH AIRWAYS
The plaintiff commenced this action on her own behalf and as guardian ad litem of her cousin, AMU ADJEI KORSAH. The established facts in the case are that the plaintiffs traveled on British Airways flight from Dulles Airport, Washington DC on 25th May 2008, transited through London Heathrow, and arrived in Ghana on 26th May 2008.
Presiding Judge:GERTRUDE TORKORNOO
Coram:GERTRUDE TORKORNOO
28    AGYENIM BOATENG & 27 ORS - vrs S. K. BOATENG - AND IN THE MATTER OF THE REPUBLIC vrs 1. S. K. BOATENG 2. EVELYN AKUFFO ODURO (MRS) ; EX-PARTE: AGYENIM BOATENG & ORS -
DOTSE, JSC:- By their application before this Honourable Court, the Applicants herein, numbering about 28 and acting per Agyenim-Boateng are seeking an order to commit the 1st Respondent, S. K. Boateng and
Presiding Judge:WOOD (MRS), C.J
Coram:WOOD (MRS), BROBBEY, DOTSE, ANIN YEBOAH, BAFFOE-BONNIE
29    AKOSAH v. OWUSU [1963] 2 GLR 277-284, Supreme Court
AKUFO-ADDO J.S.C.: The plaintiff was at all material times a storekeeper at Koforidua for Messrs. Commonwealth Trust Ltd. which has now ceased to exist, having been absorbed into the Ghana National Trading Corporation. The defendant is a timber contractor living at Tafo.
Presiding Judge:ADUMUA-BOSSMAN, J.S.C.
Coram:ADUMUA-BOSSMAN, CRABBE, AKUFO-ADDO
30    AKWESI TENGEY, EMMANUEL TETTEH vrs. THE REPUBLIC
LAMPTEY, J.A.:— On or about the 29th January, 1987 in the village of Tweapease one Kofi Frimpong was brutally murdered in cold blood. His badly mutilated body was found by a search party in a nearby forest, After investigation by the police, Akwesi Tengey, 1st appellant, Emmanuel Tetteh, 2nd appellant and one Kwame Grumah now deceased were charged with the offences of conspiracy to commit murder and murder. Kwame Grumah died before the trial could come on.
Presiding Judge:LAMPTEY, J.A.
Coram:LAMPTEY, ADJABENG, FORSTER
31    ALAN WILLIAM HODGSON vrs THE REPUBLIC
OWUSU (MS), JSC: Alan William Hodgson, the Appellant herein, was arraigned before the High Court (Fast Track Division) with five others on narcotic drug related offences under the Narcotic Drugs (Control, Enforcement and Sanctions) Law, P. N. D. C. L 236.
Presiding Judge:DATE-BAH (DR.), J.S.C
Coram:DATE-BAH, ADINYIRA (MRS), OWUSU (MS), DOTSE, ANIN YEBOAH
32    ALBERT ESSAMUAH ASSOICATES LTD. VRS ZAIN COMMUNICATIONS LIMITED
Presiding Judge:GERTRUDE TORKORNOO
Coram:GERTRUDE TORKORNOO
33    ALEC GRANT SAM vrs. UNILEVER {GH} LTD
QUAYE, J.A. - Trial in the lower court terminated in this action with the delivering of the judgment on 6th July 2001. A notice of appeal against the trial court’s judgment was filed on or about 10th July 2001 by the 3rd defendant setting down as his principal ground that the judgment cannot be supported with regard to the evidence. The 2nd defendant also filed his notice of appeal on 24th September 2001. In the trial court, the plaintiffs contended that their great-grand father, W.E. Sam, died testate on 11th July 1906 and left the disputed property known as Sam’s Hill situate at Low Town, Cape Coast to their grand-father Thomas Birch Freeman Sam and his heirs
Presiding Judge:AKOTO-BAMFO, J.A.
Coram:AKOTO-BAMFO, QUAYE, ASAMOAH
34    ALEX KOBINA AKOMSI. vrs.THE REPUBLIC
AKAMBA, J.A.: The appellant herein and two others were jointly tried on indictment before the High Court Accra presided over by GA Aryeetey, J and a seven- member jury, for the offences of conspiracy to murder contrary to sections 23 and 46 and murder contrary to section 46, both of the Criminal Code, Act 29, of 1960.
Presiding Judge:AKAMBA, J.A.
Coram:AKAMBA, PIESARE, ASIAMAH
35    ALEXANDER KWASI BAAH Vrs. OWUSU AGYARKWA
YAW APPAU, J.A:- This is an appeal from the judgment of the High Court, Koforidua presided over by Korbieh, J. It was delivered on 18th February 2005 in favour of the plaintiff who is the respondent herein. The facts are that the respondent in this appeal took action in the High Court, Koforidua against six members of his wider family for granting portions of
Presiding Judge:ASARE KORANG, J.A.
Coram:ASARE KORANG, KUSI-APPIAH, APPAU
36    ALEXANDER KWASI BAAH vrs. OWUSU AGYARKWA
YAW APPAU, J.A.:- This is an appeal from the judgment of the High Court, Koforidua presided over by Korbieh, J. It was delivered on 18th February 2005 in favour of the plaintiff who is the respondent herein. The facts are that the respondent in this appeal took action in the High Court, Koforidua against six members of his wider family for granting portions of land exclusively belonging to him and his uterine siblings to the appellant in
Presiding Judge:ASARE KORANG, J.A.
Coram:ASARE KORANG, KUSI-APPIAH, APPAU
37    ALHAJI ABUBAKARI vrs. ADISA ABUBAKARI
DOTSE, J.A.:- This is an appeal by the Plaintiff/Respondent/Appellant, hereinafter referred to as Plaintiff against the Judgment of the High Court, Sekondi dated 23rd day of July, 2004. The grounds of appeal are:- 1. The Learned trial Judge erred when he held that Plaintiff pays ¢5 million.
Presiding Judge:AKAMBA, J.A.
Coram:AKAMBA, DOTSE, APALOO
38    ALHAJI BUBAKARI vrs. ADISA ABUBAKARI
DOTSE, J.A.:- This is an appeal by the Plaintiff/Respondent/Appellant, hereinafter referred to as Plaintiff against the Judgment of the High Court, Sekondi dated 23rd day of July, 2004. The grounds of appeal are:- 1. The Learned trial Judge erred when he held that Plaintiff pays ¢5 million. 2. The learned trial Judge ought to have adequately considered the relative incomes of the Parties before making the awards.
Presiding Judge:AKAMBA, J.A.
Coram:AKAMBA, DOTSE, APALOO
39    ALHAJI HARUNA DRAMANI VRS TAPSIRU FATAU
Having listened to the Plaintiff and the Defendant being absent and in view of the frail health of the Plaintiff and the fact that the defence admits receipt of Plaintiff’s $82,000
Presiding Judge:GERTRUDE TORKORNOO
Coram:GERTRUDE TORKORNOO
40    ALHAJI MUSTAPHA UMORU NAGODE vrs. THE REPUBLIC
KANYOKE, J.A.: By unanimous decision the Judgment appealed from has exhaustively dealt with the facts and the law raised for determination in this appeal and nothing has been urged on behalf of the appellant as to justify our interfering with it. We are satisfied that the judgment appealed from is right and we affirm same.
Presiding Judge:KANYOKE, J.A.
Coram:KANYOKE, APPAU, ACQUAYE
41    ALHAJI YUSIF IBRAHIM VRS DR. KOJO OWUSU-NYANTAKYI
The plaintiff’s case is that he leased his property numbered 8 Alema Avenue, Airport to the defendant for a two year period from November 2006 to October 2008 at a rent of $1,500 per month.
Presiding Judge:GERTRUDE TORKORNOO
Coram:GERTRUDE TORKORNOO
42    ALI ABDUL KARIM vrs. THE DIRECTOR-GENERAL, GHANA RISONS
IRIS MAY BROWN, J - This is an appeal against a ruling of the High Court. The Appellant between the months of July and August 1989 was convicted and received the following sentences: 7 years on the 26th of July for the possession fake Bank notes, 25 years on the 8th of August for abetment of robbery and Death sentence on the 21st of August for robbery.
Presiding Judge:AKAMBA, J.A.
Coram:AKAMBA, PIESARE, BROWN
43    ALICE ABEDI ADDAE vrs. ADWOA AGYEKUMWAA ,ELIZABETH KORANTENG
DUOSE J.A.:- On the 11th day of November 2006 Accra delivered a Judgment against the Plaintiff-Appellant. At the trial the following claims were laid for the Plaintiff/Appellant. (a) Declaration of title to the property described in paragraph 5 of the Statement of Claim with the buildings thereon known as H/No. C. 30/18. (b) Recovery of possession of the house from the defendants. (c) Perpetual injunction etc.
Presiding Judge:PIESARE, J.A.
Coram:PIESARE, DOTSE, DUOSE
44    ALLPORT LIMITED VRS. FISAP INTERNATIONAL LTD.
BY COURT: Application for Summary Judgment. i) Judgment is entered for Plaintiff in the Sum of ¢236,532,000 with interest thereon from 23rd June 2004 at the prevailing commercial bank rate till date of payment ii) The Defendant is further ordered to pay Plaintiff ‘s costs of ¢15,000,000 plus ¢23,000,000 for defending itself against Oando Ghana Limited and ¢25,000,000 in legal costs for this court case totaling ¢63,000,000.
Presiding Judge:GERTRUDE TORKORNOO
Coram:GERTRUDE TORKORNOO
45    ALPHONESO O. ARYEETEY, JOHN O. ARYEETEY vrs. ROYAL INVESTMENT CO. LTD. & 18 ORS
ASAMOAH, J - The Plaintiffs/Respondents described themselves as the Administrators of the Estate of the late Thomas Jonas Aryeetey who died in or about 1999 in Accra. The 1st Defendant/Appellant is a tenant in 19 stores in Houses No. D. 731/4, D. 731/4A and D. 731/4B whilst the rest of the Defendants/Appellants are her subtenants.
Presiding Judge:AKAMBA, J.A.
Coram:AKAMBA, OSEI, ASAMOAH
46    Amadu Tijani Vrs. The Republic
GYAESAYOR, JA: This is an appeal against the Accra dated 1gth September, 2008. in the appeal, seeks to have his conviction for possession narcotic material without lawful authority set aside and the ten (10) year jail term imposed on him quashed.
Presiding Judge:AKOTO-BAMFO, J.A.
Coram:AKOTO-BAMFO, GYAESAYOR, BROWN
47    AMALGAMATED BANK LIMITED VRS. 1. STREET SHOPS LIMITED 2. FREDRICK DANSO 3. SAM EBO ENOS
Presiding Judge:RICHARD ADJEI-FRIMPONG
Coram:RICHARD ADJEI-FRIMPONG
48    AMBROSE DOTSE KLAH ... PLAINTIFF/RESPONDENT/APPELLANT VRS PHOENIX INSURANCE CO ... DEFENDANT/APPELLANT/RESPONDENT
Practice and procedure - Pleadings - Whether one's pleadings must contain his statement of claim and evidence - Evidence not needed in the statement of claim - C.I 47,Order 11(7) (1) - Plaintiff under a duty to adduce evidence to support claim made - Evidence Act,ss.10&11
Contract - Breach of contract - Damages - Calculation of damages - Quantum subject to the duty of mitigation of damages

Presiding Judge:DATE-BAH JSC
Coram:ANSAH,J.S.C., DOTSE,J.S.C., BONNIE JSC,AKOTO-BAMFO (MRS) JSC
49    AMEGA KOFI TOGOBO AND OTHERS vrs. TOGBUI NYAHO TAMAKLOE OF WHUTI AND OTHERS (IN THE MATTER OF ANLO AWOAMEFIA STOOL)
ASARE KORANG, J.A. - On 26th November, 2003, Apaloo, J (as he then was) sitting in the High Court, Ho, found the 1st, 2nd, 3rd and 4th Respondents/Appellants (hereafter referred to as the Appellants) guilty of contempt and fined each of them ¢1,000,000.00 (One Million cedis) or in default a sentence of one month’s imprisonment. In addition, the Respondents were each mulcted in costs of ¢300,000.00 (three hundred thousand cedis) and bonded to be of good behaviour for 12 months, in default a sentence of 3 months imprisonment.
Presiding Judge:AKOTO-BAMFO, J.A.
Coram:AKOTO-BAMFO, ASARE KORANG, OSEI
50    AMELIA AWO DZIDZIENYO vrs. MRS. HILDA ESI TSAKU, KWAKU SOSU
TWUMASI J.A.:- This is an appeal from a Judgment of an Accra High Court delivered on the 31st January 2002. The issue that arose was the extent to which the maxim "res judicata" could be applied to dispose of the litigation ' affecting landed property. The appellant instituted the proceeding's against the respondents and the latter raised the defence of "res judicata". This was upheld by the court and the appellant filed this appeal. The facts showed that the
Presiding Judge:TWUMASI, J.A.
Coram:TWUMASI, OWUSU-ANSAH, ANIM-YEBOAH
51    AMORA MUMUNI vrs. ALHAJI ADAMU IDDRISU etc.
APALOO, J.A. - This ruling emanates from a preliminary objection filed in this Court pursuant to Rule 16 of C.I. 19, the Court of Appeal Rules as amended. The preliminary objection to the hearing of the appeal stated as follows:- “(1) That at all times material to the date when the Notice of Appeal which is the basis of the appeal before this honourable Court was filed, the Solicitors who filed the same had no authority to file it, the party on whose behalf the said Notice of Appeal was filed
Presiding Judge:OSEI, J.A.
Coram:OSEI, ANIM, APALOO
52    AMPOFO v. POKU [1959] GLR 6-7. Court of Appeal
Van Lare Ag. C.J. delivered the judgment of the Court:. The only substance in this appeal is that the order granting Letters of Administration to the respondent is, unfortunately, wrongly worded. We think that the Judge’s final order should have followed the language of sub-rule 2 of Rule 21 of Order 60, as the function, of the Judge was “to determine the issue as to who is entitled to a grant of probate or Letters of Administration, as the case may be.”
Presiding Judge:VAN LARE, C.J.
Coram:VAN LARE AG., GRANVILLE SHARP, OLLENNU
53    AMPRATWUM MANUFACTURING CO. LTD. vrs. DIVESTURE IMPLEMENTATION COMMITTEE
BAFFOE-BONNIE, J.S.C:- The Appellant a limited liability company involved in the business of manufacturing shoulder pads rented a purpose-built cloak room from now defunct GIHOC Footwear Company Limited, hereinafter called the Landlord, in 1996.
Presiding Judge:ATUGUBA, J.S.C.
Coram:ATUGUBA, AKUFFO (MS), ANSAH, DOTSE, BAFFOE-BONNIE
54    Anglogold Ashanti vrs. George Siaw Yeboah
AKAMBA, J.A: The appellant, a mining company in Obuasi, Ghana has a subsidiary company at Sugri in the Republic of Guinea. On 10th November 1994 the respondent was employed by the erstwhile Cluff Mining Company which was later acquired by the appellant and described as its Ayanfuri mine near Obuasi Ghana.
Presiding Judge:AKAMBA, J.A.
Coram:AKAMBA, ACQUAYE, HONYENUGA
55    ANKOMAH-SEY v. EMBRA-QUANSAH [1971] 2 GLR 274-280, Court of Appeal
AZU CRABBE J.S.C. This is an appeal from the decision of the late Owusu J. whereby he declared that the respondent, as the customary successor, was alone entitled to the grant of letters of administration in respect of the estate of the late George Edward William Quansah (hereinafter referred to as the deceased) of Cape Coast, who died intestate at Tema on 20 January 1968.
Presiding Judge:AZU CRABBE, J.S.C.
Coram:AZU CRABBE J.S.C., LASSEY, SOWAH
56    ANKRAH v. ANKRAH [1966] GLR 60-78, Supreme Court
OLLENNU J.S.C. The plaintiff-appellant herein, and the defendant-respondent herein, are sister and brother of the whole blood. The suit commenced with a writ of summons issued out in the Local Court B of Nsaba on 16 March 1960; judgment was given by that court in favour of the plaintiff on 11 November 1960, but the same was set aside by the High Court, Cape Coast, on 17 November 1961, on the ground of irregularity, and a new trial was ordered. It was eventually tried by the Nyakrom-Nkum Local Court
Presiding Judge:OLLENNU, J.S.C.
Coram:OLLENNU, APALOO, LASSEY, JJ.S.C.
57    ANNA VICTORIA BART PLANGE --- PLAINTIFF/APPELLANT/APPELLANT VRS NANA EGYEI FOAH --- DEFENDANT/RESPONDENT/RESPONDENT
Land Law - Proof of ownership of land - Whether land was acquired fraudently by the defendant - Possession of deed of conveyance by the defendant for more than 20 years - Evidence - Whether hearsay evidence adduced by plaintiff admissible in the face of the deed of conveyance - Evidence Act, 1975, s. 130(2).
Presiding Judge:ATUGUBA, JSC
Coram:AKUFFO (MS), JSC, ANIN-YEBOAH, JSC, GBADEGBE, JSC, AKOTO-BAMFO (MRS), JSC.
58    ANSAH AND ANOTHER v. JOE AND ANOTHER [1961] GLR 395-401, Supreme Court
SARKODEE-ADOO J.S.C. He delivered the judgment of the court. This is an appeal from the judgment of the Land Court, Sekondi, dated the 20th May, 1960, with respect to leasehold premises known as plot No. 42, John Sarbah Road, in the African Township of Takoradi, bequeathed to the second plaintiff by the late John Essel Ansah who died on the 26th April, 1946, in his last will and testament bearing date the 3rd March, 1946, and deposited in the High Court, Sekondi on the 16th April, 1946.
Presiding Judge:KORSAH, C.J.
Coram:KORSAH, SARKODEE-ADDO, AKIWUMI
59    ANTARTIC CONTRACT WORKS LTD vrs. PLANT POOL LIMITED
ASAMOAH, J. - In this application, the Defendant/Judgment /Debtor/Applicant (Applicant hereafter) seeks a stay of execution in respect of the decision of His Lordship Yaw Appau given on the 23rd December 2004 in favour of the Plaintiff/Judgment/Creditor/Respondent (Respondent hereafter) The Respondent had applied for and obtained summary judgment in a liquidated claim. And the Applicants motion for stay of execution in the Court below having been refused, the repeats the same before this Court.
Presiding Judge:AKAMBA, J.A.
Coram:AKAMBA, OSEI, ASAMOAH
60    ANTHONY KWABENA ANYAN vrs. THE HIGH COURT, ACCRA
OWUSU (MS), J.S.C:This is an application to invoke the supervisory Jurisdiction of the Supreme Court under Article 132 of the constitution, which reads as follows: “The supreme court shall have supervisory Jurisdiction over all courts and over any adjudicating authority and may in the exercise of that supervisory Jurisdiction, issue orders and directions for the purpose of enforcing or securing the enforcement of its supervisory power.”
Presiding Judge:AKUFFO (MS), J.S.C
Coram:OWUSU (MS), J.S.C.
61    ANTHONY KWADWO BOAKYE vrs. NANA TUTUYEHENE
R U L I N G - This ruling is in respect of Motion on Notice for interlocutory injunction and appointment of Receiver and Manager. On 15th November 2005, the Plaintiff/Respondent/Applicant herein by his counsel moved this court for an order of injunction and for the appointment of a receiver and manager pending the hearing and determination of his appeal at the Supreme Court. The claim which gave rise to this application was instituted by the Plaintiff/Respondent herein (herein called the applicant) at the Kumasi High Court against the
Presiding Judge:FARKYE, J.A.
Coram:FARKYE, ABBAN, DOTSE
62    ANTHONY MENSAH vrs. STATE HOUSING CORPORATION
AKOTO-BAMFO J.A.:- The Plaintiffs/Respondents hereinafter referred to as the Plaintiffs commenced an action in the High Court against the defendant appellant hereafter referred to as the defendant for these reliefs: [1] Declaration that the Plaintiffs are regular tenants of the defendant corporation and therefore cannot be ejected from the premises numbered 11, Leman Lane, 48 Teak Street, 28 Leman Lane, and 25 Hibiscus Street situate lying being at Dansoman Estate, Accra which they occupy without an order of the Court. [2] An order restraining the defendant corporation from ejecting the plaintiffs from the premises aforesaid without an order of the Court. Subsequently, the plaintiffs were granted leave to amend their ...
Presiding Judge:AKOTO-BAMFO, J.A.
Coram:AKOTO-BAMFO, OSEI, DOTSE
63    ANYETEI KWADWO PATTERSON, JONATHAN PAKER ALLOTEY vrs. THE REPUBLIC
AMUAH J.A.: This is an appeal against the decision of the National Public Tribunal, State House, dated 17th November. 1987. The facts are contained in the judgment. During the Second Republic and before the establishment of the cattle Development Board alien exporters brought sheep, goats and cattle and sold them to Ghanaian importers under the open general licence system of importation. This was between 1969 and 1972.
Presiding Judge:Amuah, J.A
Coram:AMUAH, ESSILFIE BONDZIE, AFREH
64    APOSTROPHES S.A. AND OTHERS vrs.COMMISSIONER OF CEPS, C.E.P.S.
JONES DOTSE, J.S.C read the judgment of the court as follows: By their writ of summons the Plaintiffs/Appellants hereinafter referred to as Plaintiffs claimed against the Defendants/Respondents hereinafter referred to as Defendants in the High Court Accra, Fast Track Division, the following reliefs:- i. $4,441,680.00 Four Million Four Hundred and Forty One Thousand, Six Hundred and Eighty US) dollars being market value of the goods fraudulently converted by the Defendants Servants and or agents in the course of their duty.
Presiding Judge:JONES DOTSE, J.S.C
Coram:DOTSE, ANIN YEBOAH, GBADEGBE
65    ARMAH AND ANOTHER v. QUAGRAINE [1960] GLR 132-136, Court of Appeal
GRANVILLE SHARP J.A. The proceedings in the trial court before Adumua-Bossman, J. from whose decision this appeal was brought were instituted by originating summons pursuant to the provisions of Order 54, rule 4 of the Rules of the High Court. The relief sought was as follows: “(1) The interpretation of paragraph 12 of the will of J. E. Biney, deceased dated 11th August, 1936. (2) The interpretation of paragraph 11 of the Codicil to the said will dated 9th September, 1936.
Presiding Judge:KORSAH, C.J.
Coram:KORSAH, VAN LARE, GRANVILLE SHARP
66    ARNOLDUS MARIA VAN DE MAST , ELIZABETH MARIA VAN DE MAST – VAN DER WAL PETITIONERS VRS PATRICK HARRO KOOLEN , NICOLE MARIA ESMERALDE KOOLEN-HEIJ
Two Small Private Limited Liability Companies are in focus in these proceedings. “They are KOSA BEACH RESORT LTD AND ANNINOPA LTD. Henceforth in this delivery they shall be simply called “KOSA” AND “ANNINOPA”.
Presiding Judge:RICHARD ADJEI-FRIMPONG
Coram:RICHARD ADJEI-FRIMPONG
67    ARYEEQUAYE ARMAH @ JOE SINA vrs THE REPUBLIC
ASIAMAH, J.A.: The appellant together with six others was convicted for Robbery under section 149 of PNDC 78 and sentenced to death by the erstwhile Public Tribunal. He feels dissatisfied with his conviction and the resultant sentence and has consequently appealed against both the conviction and sentence.
Presiding Judge:OWUSU (MS), J.A
Coram:OWUSU, AKOTO-BAMFO, ASIAMAH
68    ASHIE NEEQUAYE (SUBT. BY JULIANA KOOTSO NEEQUAYE) H/NO.3/2/2 ABEBRESEM STREET OSU-ANORHOR,ACCRA ... PLAINTIFF/RESPONDENT/RESPONDENT VRS ADEE KOTEY 218 EAST CHRISTIANBORG OSU-ACCRA ... DEFENDANT/APPELLANT/APPELLANT
Practice and Procedure - Capacity to sue as an administrator - Estopped per rem judicata - Limitation of Action - S.6 of Real Property Limitation Act 1883; section 10(1) of the Limitation Decree,1972 NRCD.54
Presiding Judge:AKUFFO (MS), J.S.C.
Coram:ADINYIRA (MRS.), JSC, OWUSU (MS.), J.S.C., BAFFOE-BONNIE,JSC,ARYEETEY,JSC
69    ASHIE NEEQUAYE vrs. ADEE KOTEY
BAFFOE-BONNIE, JSC:- The PL/RESP/RESP (hereinafter referred to as plaintiff), originally instituted this action claiming among others: (a) A declaration that the original house number 160 was allocated to Moses Neequaye which house was later exchanged for plot 218 renumbered F.793a/2 and 801/2 East Christianborg Osu and same formed part of his estate.
Presiding Judge:AKUFFO (MS), J.S.C
Coram:AKUFFO (MS), ADINYIRA (MRS), OWUSU (MS), BAFFOE-BONNIE, ARYEETEY
70    ASOR II AND OTHERS v. AMEGBOE AND OTHERS [1978] GLR 153-169, Court of Appeal
AZU CRABBE C.J. This is an appeal from the decision of the judicial committee of the National House of Chiefs dated 27 July 1976, affirming a ruling by the judicial committee of the Regional House of Chiefs, Volta Region, by which the appellants' plea of estoppel per rem judicatam was overruled in limine. The facts of this case are simple and may be briefly stated. On 11 January 1958, the Govenor-General of Ghana, acting under section 8 (1) of the State Councils (Southern Ghana and Southern Togoland) Ordinance,
Presiding Judge:AZU CRABBE, C.J.
Coram:AZU CRABBE, SOWAH, ANIN, FRANCOIS, ABBAN
71    ASSEMBLIES OF GOD CHURCH, GHANA HEAD QUARTERS BUILDING vrs. REV. RANSFORD OBENG, JOSEPH OPOKU, C. K. ACOLATSE, R. K. OWUSU, C. O. KPODO
DOTSE, JSC: The fact, that, this case, concerning a reputable House of God and others also reputed to be very outstanding and charismatic men of God has come to the litigation altar of the civil Courts and made to travel all the way from the High Court, through the Court of Appeal, to this Court is indeed a sad reflection on Christendom. In this respect therefore, we would want to reflect on the following two quotations as we journey through this exercise to resolve the final victor in the sight of men.
Presiding Judge:DATE-BAH (DR.), J.S.C
Coram:DATE-BAH, ADINYIRA (MRS), OWUSU (MS), DOTSE, ANIN YEBOAH
72    ASTU CHARAN KOLE vrs. THE REPUBLIC
YAW APPAU, J.A. The appellant in this appeal Astu Charan Kole, was arraigned for trial before the High Court, Sekondi on two counts of falsification of accounts and stealing contrary to sections 140 and 124 (1) of Act 29/60. The prosecution called eight (8) witnesses in support of the charges against the appellant and closed its case on 27/08/2007. The trial court, at the close of the prosecution’s case, came to the conclusion that the prosecution had established a prima facie case against the appellant so he had a case to answer, thereby calling on him to open
Presiding Judge:KANYOKE, J.A.
Coram:KANYOKE, APPAU, ACQUAYE
73    ATTORNEY GENERAL & ANOR. vrs. APAADE LODGE LIMITED
ADINYIRA (MRS), J.S.C:The facts briefly are that on 3 March 2006, the Plaintiff/respondent (hereinafter respondent) commenced an action at the High Court Accra against the Attorney General as 1st defendant and the Ghana Football Association as the 2nd defendant (hereinafter applicant) jointly and severally, for the recovery of the sum of ¢422, 148,026 with interest being debt owed in respect of hotel and restaurant services provided by the plaintiff to the Ministry of Education, Youth and Sports and the applicant.
Presiding Judge:AKUFFO (MS), J.S.C
Coram:AKUFFO (MS), DATE-BAH, ADINYIRA (MRS), OWUSU (MS), DOTSE
74    AUGUSTINA ODONKOR vrs.NII AKUSSI ASSINU II & ANOR.
MARFUL-SAU J.A. This appeal is taken form the judgment of the Circuit Court, Accra dated the 15th day of April 2003. The Plaintiff hereinafter referred to as the Respondent per her amended writ of summons, claimed the following against the Defendants, who are the Appellants herein: - 1. Declaration that all that piece or parcel of land situate lying and being at Lashibi known and marked as 116 A2 bounded on one side by a road measured 80 feet more or less bounded on one side by the land of Aunti Momo measuring 65 feet more or less, on another side by the land of the second Defendant measuring 80 feet more or less and on the side by second
Presiding Judge:ARYEETEY, J. A.
Coram:ARYEETEY, ANIM, MARFUL-SAU
75    AUROBINDO PHARMA LTD. VRS PHARMADIS INTERNATIONAL LTD. and ANTHONY HAMA
ASSESSMENT OF DAMAGES AGAINST THE 1ST DEFENDANT UPON AN INTERLOCUTORY JUDGMENT. The Plaintiff’s suit which is against the two Defendants jointly and severally is for the following reliefs: a) Damages for breach of contract. b) The payment of fifty-nine thousand two hundred and fifty two Euros Seventy-six Euro cents (£59,252.76) being the outstanding amount of Stocks in the Defendant’s possession.
Presiding Judge:JUSTICE RICHARD ADJEIFRIMPONG.
Coram:JUSTICE RICHARD ADJEIFRIMPONG
76    AWUDU RASHID vrs. THE PEOPLE
AMUAH, J.A. - The prosecution were able to establish their case beyond reasonable doubt. In all, the lighting system and the time for observation were good. Moreover the period between the original observation and the subsequent identification was about six weeks, and the image of the appellant still stuck on the minds of the prosecution witnesses
Presiding Judge:AMUAH, J.A.
Coram:AMUAH, ACQUAH, BADDOO
77    AWUKU KONGLO BOKOR, THOMAS KWAKU AMESIMEKU vrs.MANKRALO JAMES ASAFO
APALOO, J.A. - This appeal emanates from the judgment of the High Court Ho, dated 15th November 1996. The Court was presided by his Lordship G.K. Acquah then a Supreme Court Judge sitting as additional High Court Judge. The trial judge entered judgment for the Plaintiff against the 1st Defendant for a declaration that the Plaintiff is the owner of the Bokor land. While dismissing 1st Defendant’s counter-claim the trial Judge refused Plaintiff’s reliefs for damages and perpetual injunction against the 1st Defendant. The Plaintiff had sought by his writ the following reliefs. (a) A declaration that the Defendant was a mere tenant or alternatively a licensee of the Plaintiff in respect of the land in dispute.
Presiding Judge:ARYEETEY, J. A.
Coram:ARYEETEY, ANIM, APALOO
78    AXES COMPANY LTD --- PLAINTIFF/RESPONDENT/RESPONDENT VRS 1.KWAME OPOKU 2.SYLOP COMPANY LTD 3.UNIQUE COMPANY LTD --- DEFENDANTS/APPELLANTS/APPELLANTS
Practice and Procedure - Summary Judgment - final or interlocutory - test for determining same Appeal against summary judgment - time to bring appeal - Rule 9(1) of the Court of Appeal Rules,1997 (C.I.19) Application for extension of time to appeal - jurisdiction of court to entertain application Validity of appeal before the Court of Appeal.
Presiding Judge:DR. DATE-BAH, JSC
Coram:OWUSU (MS) JSC, BAFFOE-BONNIE JSC, ARYEETEY JSC, GBADEGBE, JSC
79    B.H. INDUSTRIES LIMITED vrs. SHEIBU ADAMU, MADAM HAWA
AKOTO-BAMFO, J.A. - This is an appeal by the defendant/appellant hereafter referred to as the defendant against the ruling delivered by Dzakpasu J. on the 12th of December 2005 refusing to set aside an order for the appointment of an auditor upon an earlier motion by the plaintiff/respondent who shall hereafter simply be known as the plaintiff. On the 27th of October 2004, the plaintiffs, administrators of the estate of Alhaji Adamu commenced an action claiming against the defendant Co inter alia (1) Declaration that the applicants are by law entitled to be registered as the holders of the 40,400 shares in the name of the late Alhaji Adamu.
Presiding Judge:AKOTO-BAMFO, J.A.
Coram:AKOTO-BAMFO, ABBAN, BAFFOE BONNIE
80    BD GOLDFIELDS LTD. - PLAINTIFF VRS 1. GOLDEN STAR RESOURCES LTD. DEFENDANTS 2. ST. JUDE RESOURCES GHANA LTD.
The subject matter of this suit is a gold mining concession known as the ADUM BANSO MPOHOR CONCESSION (“The Concession”). In 1988, the Government of Ghana granted a prospecting licence over the concession to a company called DABIKROM INTERGRATED COMPANY LTD to prospect for gold. That Company later became known as the B D Goldfields Ltd; the Plaintiff herein.
Presiding Judge:RICHARD ADJEI-FRIMPONG
Coram:RICHARD ADJEI-FRIMPONG
81    BEN YAW OBENG vrs.STATE HOUSING CO. LTD.
MARFUL-SAU, J. A.: This is an appeal against the judgment of the High Court Accra dated the 29th October 2004. The Plaintiff/Respondent in his writ commencing the action claimed the following reliefs:- a) An order for specific performance directed at the Defendant to deliver a House Type SH3 situated at Dansoman, Accra to the Plaintiff by reason of a contract dated 11th January 1979. b) In the alternative the recovery of the purchase price for a similar house type at Dansoman, Accra at its current value. c) Damages for breach of contract. d) Cost.
Presiding Judge:ARYEETEY, J.A.
Coram:ARYEETEY, MARFUL-SAU, OWUSU(MRS)
82    BENG AND ANOTHER v. POKU [1965] GLR 167–175, Supreme Court
Ollennu J.S.C. delivered the judgment of the court. The proceedings which have culminated in this appeal commenced in the High Court, Kumasi, with an application by the plaintiff, the first appellant herein, for a grant of letters of administration in respect of the estate of his deceased father, Kofi Beng, also known as Okomfo Kofi Beng. Caveat to the said application was first entered by the first defendant, the respondent herein, and later another was entered by the second defendant, the second appellant herein, each of whom claimed to be the proper person entitled to the grant of letters in respect of the estate
Presiding Judge:MILLS-ODOI, J.S.C.
Coram:MILLS-ODOI, OLLENNU, BRUCE-LYLE
83    BENJAMIN ANGMOR vrs. AWISI DORKUNU & 2 ORS.
APALOO, J.A. - This appeal from the Circuit Court Odumase-Krobo had two main grounds to wit:- “(1) The learned trial judge erred in law when he gave judgment without giving the Defendant/Appellants and their witnesses the chance to state their case. (2) The case which had been pending in the circuit Court Akropong Akuapim for 3 years was transferred suddenly to Krobo Odumase Circuit Court without any reason given nor were the appellants notified of the transfer.”
Presiding Judge:AKOTO-BAMFO, J.A.
Coram:AKOTO-BAMFO, KANYOKE, APALOO
84    BENJAMIN ANOE QUARCOO vrs ANTWI, JESSIE’S BLOCK WORKS
By Court:- On the 5th of June, 2008, this court whilst allowing the appeal against the Judgment of Farkye J. dated 10th day of March 1998 convicted the Defendants/Respondents for contempt. This court further ordered the 1st Defendant/Respondent who was present in court to purge himself of the contempt and report back to the court today to enable the court
Presiding Judge:DOTSE, J.A.
Coram:DOTSE, QUAYE, APALOO
85    BENJAMIN AYIQUAGE KWEKU CRABBE vrs. THE REPUBLIC
OTOO: -Appeal from the decision of the panel dated 23rd February 1993. Ground (al) page 32. The offence is contained in PNDC Law 78 S. 9 subsection (1) par. (k). Submits the word proof of which shall lie on him puts the burden of pesuasia on the accused or appellant. That burden can be discharged by raising a reasonable doubt in the court or the tribunal.
Presiding Judge:WOOD, J.A.
Coram:WOOD, BENIN, BADDOO
86    BENJAMIN AYIQUAGE KWEKU CRABBE vrs. THE REPUBLIC
OTOO:- Appeal from the decision of the panel dated 23rd February 1993. Ground (a1) page 32 • . The offence is contained in PNDC Law 78 S. 9 subsection (1) par. (k). Submits the word proof of which shall lie on him puts the burden of pesuasia on the accused or appellant. That burden can be discharged by raising a reasonable doubt in the court or the tribunal. C.O.P v. Isaac Arhin. 1961 1 GLR 408. He must be acquitted on raising a reasonable doubt.
Presiding Judge:WOOD, J.A.
Coram:WOOD, BENIN, BADDOO
87    BERNARD Nil OKAI TAGOE vrs. THE REPUBLIC
A. ASARE KORANG, J.A.: The appellant was found guilty of the murder of one Nii Ardey Sackey by an Accra High Court presided over by Mr. Justice B.T. Aryeetey sitting with a jury on February 1990 and his sole ground of appeal to this court from the conviction and sentence of death imposed on him is that the verdict is unreasonable having regard to the evidence. It must be noted this ground of appeal was filed on 13th February 1990, a mere eleven days after the appellant had been convicted and sentenced.
Presiding Judge:ASARE KORANG, J.A.
Coram:ASARE KORANG, MARFUL-SAU, ADDO
88    BEVERAGE INVESTMENTS GH. LTD VRS. LOCAL ORGANISING COMMITTEE MTN AFRICAN CUP OF NATION GH. 2008
In its statement of claim, the plaintiff alleges breach of two agreements as the cause of action. The first one is an agreement between CAF (Confederation of African Football) and Pepsi Cola which plaintiff alleges that the defendant had breached – in their capacity as the local organizing committee in charge of organizing the 26th MTN African Cup of Nations Ghana 2008
Presiding Judge:GERTRUDE TORKORNOO
Coram:GERTRUDE TORKORNOO
89    BISHOP SAMUEL VAGLAS KANCO VS 1. C. D. INVESTMENTS LTD. 2. PHOENIX INSURANCE CO. LTD.
The present suit was commenced by BISHOP SAMUEL BANABAS VAGLAS KANCO a Minister of the Gospel. He obviously might have, quite unusual of a man of the pulpit decided to play on the rough arena of the corporate insurance industry and ended up in litigation. At least over the subject of the instant litigation this is his second consecutive encounter with the court room.
Presiding Judge:RICHARD ADJEI-FRIMPONG
Coram:RICHARD ADJEI-FRIMPONG
90    BMC GHANA LIMITED vrs. ASHANTI GOLDFIELDS BIBIANI LTD.
TWUMASI, J.A. - This appeal from the ruling delivered by the High Court, Accra on the 19th January 2004 sharply brings into focus the fundamental canons for the construction and interpretation of contracts entered into by businessmen, with particular reference to actual or presumed intentions of the parties. Both parties are limited liability companies engaged in the mining industry. By an agreement entered into by them on the 25th July 1997, the appellants herein (defendants in the court below) engaged the
Presiding Judge:TWUMASI, J.A.
Coram:TWUMASI, AMONOO-MONNEY, ANIN-YEBOAH
91    BOOMTRADE COMPANY vrs. MESSRS COTECNA & ANOR.
QUAYE, J.A. - The respondents herein, in their role as plaintiffs in the trial court, on 9th November 1999, filed a writ of summons, indorsed with reliefs against the defendants jointly and severally, for (a) the sum of US$ 22.092.00 being the cost of one 20 foot container of canned tomato paste purchased by the plaintiff company from the 2nd defendant which was found on delivery to be unfit for consumption.
Presiding Judge:ARYEETEY, J.A.
Coram:ARYEETEY, ABBAN, QUAYE
92    BOSUMPIM v. BUACHIE [1959] GLR 34-35
VAN LARE AG. C.J. This is a matter dealing with the administration of a personal estate, which comprised the following: one air-tight trunk, four men’s cover cloths, one flint gun, two bundles of iron sheets, £4 cash, one gold [p.35] ring, pillow cases, blankets and a cutlass. There is evidence that the respondent had been appointed as the customary successor of the deceased, and had been handed these articles about 10 to 14 years before the institution of this action. In our opinion this action was frivolous, and a waste of money.
Presiding Judge:VAN LARE, C.J.
Coram:VAN LARE, GRANVILLE SHARP, OLLENNU
93    C.C.W. LIMITED vrs. ACCRA METROPOLITAN ASSEMBLY
R U L I N G: This ruling is in respect of Motion on Notice for Stay of Execution pending appeal which was filed on 22/7/2004. On the 9th of June, 2004, the Fast Track High Court, Accra gave Judgment in favour of the Plaintiff/Respondent/Respondent against the Defendant/Appellant/ Appellant for an amount of 12 million US. Dollars.
Presiding Judge:FARKYE, J.A.
Coram:FARKYE, ASARE-KORANG, KANYOKE
94    CAL BANK LIMITED VRS GENERAL DEVELOPMENT COMPANY LIMITED
The defendant is a customer of the Takoradi Harbor branch of the plaintiff bank. It is the case of the plaintiff that sometime in June 2009, after the abrupt resignation of its manager at this branch, it conducted investigations and an internal audit in this branch which established that between February 12 to May 27 2009,
Presiding Judge:GERTRUDE TORKORNOO
Coram:GERTRUDE TORKORNOO
95    CAL BANK LIMITED VS RAD FOREST PRODUCTS CO. LTD.
At all times material to the instant action, the Defendant Company which is engaged in the export of timber and lumber products was a customer of the Plaintiff bank. Their course of dealing mainly was in the area of export bill negotiations. Under this the Defendant upon receipt of
Presiding Judge:JUSTICE RICHARD ADJEIFRIMPONG.
Coram:JUSTICE RICHARD ADJEI-FRIMPONG
96    CAPT. DANIEL NIKYI (GH/2996) vrs. The Republic
ABODAKPI, J: The application which triggered the preliminary objection, which is the issue before this court is entitled. MOTION ON NOTICE FOR EXTENSION OF TIME WITHIN WHICH TO The motion paper showed that, applicant is praying for an order for extension of time to apply for leave to appeal. The reason assigned in support is that the appeal stands a good chance of success.
Presiding Judge:QUAYE, J.A.
Coram:QUAYE, ABODAKPI, ARYENE
97    CATHELINE AND ANOTHER v. AKUFO-ADDO AND ANOTHER [1984- 86] 1 GLR 57- 61, Court of Appeal
TAYLOR J.S.C. The point for decision in this appeal is really very simple. On 10 August 1982 the plaintiffs as executors of the late Ofori-Panin Ofori Atta who died on 12 April 1982 sued the defendants claiming, certain reliefs. It is not necessary for a decision in this case to advert to the facts or even the reliefs. The important aspect of the case which dominated the reasoning of the High Court judge and which led to this appeal is the undisputed fact that the plaintiffs as executors had not obtained probate of the will of the deceased dated 17 December 1980 when they commenced the action
Presiding Judge:TAYLOR, J.S.C.
Coram:TAYLOR MENSA, BOISON, OSEI-HWERE
98    CEPHAS KWASHIE BECKLEY AND 5 OTHERS vrs. THE REPUBLIC
BADDOO, J.A.: Nine accused persons including the appellants herein were charged before the Western Regional Tribunal on the ~ of June, 1987, with Conspiracy to commit a crime, to wit, doing an act to sabotage the economy of Ghana. The 7th 8th and 9th accused persons who are now at large were further charged with abuse of office for private profit while the 6th appellant herein was additionally charged with abetment of crime.
Presiding Judge:OFORI-BOATENG, J.S.C
Coram:OFORI-BOATENG, BADDOO, GBADEGBE
99    CHAPEL HILL SCHOOL LTD. vrs. THE ATTORNEY GENERAL, THE COMMISSIONER INTERNAL REVENUE SERVICE
DR. DATE-BAH JSC: Introduction The central issue in this case is the meaning to be given to the expression “educational institution of a public character” within the context of the Income Tax Act 1975 (SMCD 5) and the Internal Revenue Act, 2000 (Act 592). Unfortunately, the Court of Appeal wrongly characterised this central issue in terms of whether the plaintiff school qualifies as a public school.
Presiding Judge:ATUGUBA, J.S.C.
Coram:ATUGUBA, AKUFFO (MS), DATE-BAH (DR.), OWUSU (MS), BAFFOE-BONNIE
100    CHARLES FRIMPONG VRS GODWIN AKUMAH
The undisputed facts in this case are that in January 2009, plaintiff went to defendant’s shop to purchase a steering rack for his Toyota 4 Runner vehicle. Finding what was available too expensive, the plaintiff opted to have the steering rack on his car repaired for him. His car was sent to a mechanic for
Presiding Judge:GERTRUDE TORKORNOO
Coram:GERTRUDE TORKORNOO
101    CHARLES L. QUIST VRS. AHMED DANAWI
This is an appeal against the judgment of the High Court, Accra, dated the 3rd day of June 2010. The facts giving rise to this appeal are as follows: The plaintiff/respondent (hereinafter referred to as the Respondent)
Presiding Judge:KANYOKE, J.A.
Coram:ASARE KORANG, KANYOKE, ADUAMA OSEI,
102    CHARLES OBIMPEH VRS. REGINA KUFFOUR
The Claimant applied to this court for relief under an interpleader action. The evidence tendered is that he bought the land in dispute in 1968. Government of Ghana acquired a tract of land including this land as Public land under Act 125. Government of Ghana failed to utilize the land for the purposes acquired and in 2000,
Presiding Judge:GERTRUDE TORKORNOO
Coram:GERTRUDE TORKORNOO
103    CHARLES QUAICOO vrs. THE PEOPLE
AFREH. J.A. - This is an appeal against sentence. On 16/5/90 the applicant and his co-accused, one Kwame Acquah, were convicted on their own pleas of guilty of conspiracy to steal, unlawful entry and stealing and sentenced to 15 years I.H.L. on each counts, the sentences to run concurrently, on 6/7/92 applicant filed this motion but it was not heard until it was brought before this court.
Presiding Judge:AFREH, J.A.
Coram:AMUAH, ESSILFIE-BONDZIE, AFREH
104    CHARLES QUAICOO vrs. THE PEOPLE
AFREH. J.A.:- On 16/5/90 the applicant and his co-accused, one Kwame Acquah, were convicted on their own pleas of guilty of conspiracy to steal, unlawful entry and stealing and sentenced to 15 years I.H.L. on each counts, the sentences to run concurrently, on 6/7/92 applicant filed this motion but it was not heard until it was brought before this court. Briefly the facts are that on the night of 20/4/90 the two persons, appropriately equipped, traveled from Accra to Koforidua to steal. At 3.30 a.m. the same night they broke into the house of the complainant and stole one colour- T.V. valued at ¢151 ,000.00; one video-deck valued at ¢235,OOO.00; one sound system valued at ¢22,OOO.OO, one pressing iron valued at ¢9,000.00; and three pairs of kamboo shoes valued at ¢8,800.00 all to the total value of ¢469,800.00.
Presiding Judge:AMUAH, J.S.C.
Coram:AMUAH, ESSILFIE-BONDZIE, AFREH
105    CHEZ MARIE LOU RESTAURANT VS EMMANUEL BOSSMAN AND 4 OTHERS
Presiding Judge:
Coram:
106    CHEZ MARIE LOU RESTAURANT VS 1. EMMANUEL BOSSMAN 2. LORIS TRADING & CONST LTD. & ORS
Presiding Judge:ACQUAYE, J.A.
Coram:J. B. AKAMBA, MARIAMA OWUSU, E. K. AYEBI , J.A.
107    CHOU SEN LIN vrs. TONADO ENTERPRISE LTD,T.A. ASIAMA
OWUSU, J.A - This is an appeal against the Judgment of His Honour Judge Kwadwo Owusu (as he then was), sitting at the Circuit Court, Tema, dated the 9th day of January 2003. By his writ of summons, the Plaintiff/Appellant, hereinafter referred to as Plaintiff, issued a writ of summons against the Defendant/Respondent, (to be hereafter simply referred to as Defendant for the following reliefs. (a) Declaration that Plaintiff is the lessee of plot No Ll/8/3, Light Industrial Area, Tema. (b) Perpetual Injunction restraining the Defendant, its agents, servants etc. from interfering with the said land until the final determination of this sui9t. (c )"Further or other reliefs."
Presiding Judge:OWUSU (MS), J.A.
Coram:OWUSU (MS), ASIAMAH, HEWARD-MILLS
108    CHRISLINE FINANCIAL SERVICES VRS. GLADYS OWUSUA & 2 ORS
Presiding Judge:RICHARD ADJEI-FRIMPONG
Coram:BARBARA ACKAH-YENSU
109    CHRISTIANA QUARTSON --- PETITIONER/APPELLANT/APPELLANT VRS PIOUS POPE QUARTSON --- RESPONDENT/RESPONDENT/RESPONDENT
Family Law - Husband and Wife - Divorce - Property Rights - Matrimonial Home - Principle of Substantial Contribution - Whether performance of wifely duties amounts to substantial contribution - 1992 Constitution,art. 22(2) - What Equities of particular case call for - Company Law - Veil of Incorporation - Appropriate person to pay director fees.
Presiding Judge:ATUGUBA JSC
Coram:ANSAH,J.S.C, OWUSU (MS.),J.S.C., ANIN-YEBOAH, J.S.C., GBADEGBE, J.S.C
110    CLEMENT AGYEMANG vrs. BENJAMIN APPIAH, JOB ADDAI AMANFO
ANINAKWAH, J.S.C:- This appeal is from the ruling of the High Court, Sunyani dated 29th August, 2001, dismissing the Interpleader claims of the Claimants/Appellants {hereinafter referred to as Appellants. On 19, July, 1999, Plaintiff/Judgment Creditor/Respondent {hereinafter referred to as Respondent} obtained judgment for the sum of ¢51,379,750.00 against the Defendant/Judgment/Debtors in a running down suit. Defendant/Judgment/Debtors did not appeal against the said judgment.
Presiding Judge:ANINAKWAH, J.S.C
Coram:ANINAKWAH, AKOTO-BAMFO, ASARE KORANG
111    CO-INVENT LIMITED VRS 1. L’ECOLE FRANCAISE JACQUES 2. COMITE DE GESTION
The Plaintiff by its writ of summons seeks the following reliefs against the Defendants. 1. Recovery of USD3,322,269.78 representing special damages suffered by the Plaintiff as a result of the Defendants’ breach and unlawful termination of the contract. 2. Interest on special damages from the date the respective heads became due till date of final payment. 3. General damages in the sum of USD 672,046.08
Presiding Judge:RICHARD ADJEI-FRIMPONG
Coram:RICHARD ADJEI-FRIMPONG
112    COMFORT NORKAI BANOR vrs. AMASSEY COMMEY, ENOCK OKPOTI ODAI, AHIETEY COMMEY
ADDO, J.A.:- My Lords, this is an appeal against the decision against B.O. Tetteh J. Chairman of the Regional Tribunal sitting as additional Circuit Judge. The plaintiff in this case, Comfort Banor has brought this action against the defendants jointly and severally for general damages for trespass ¢1,000,000.00 {One Million Cedis} being cost of materials damaged and perpetual injunction. The plaintiff by her statement of claim states that she is the incumbent head of the Lartey-Cudjoe family Osu. She says the land the subject-matter was acquired by her maternal grandfather, Lartey-Cudjoe in 1938. According to her the transaction was covered by a written memorandum dated 21st March, 1938 by ...
Presiding Judge:FARKYE, J.A.
Coram:FARKYE, ADDO, QUAYE
113    CPL. CHARLES ANWUBOH vrs. THE REPUBLIC
FORSTER, J.A. :- The appellant was in 1989 a soldier attached to the PNDC Security Co-ordinator’s Office at the Takoradi Harbour. The function of that office was to protect goods imported into the country and to ensure that duties were paid before any imported goods were removed out of the harbour by the importer.
Presiding Judge:AMUAH, J.S.C
Coram:AMUAH, FORSTER, BENIN
114    CUSTOMS EXCISE & PREVENTIVE SERVICE --- PLAINTIFF VRS NATIONAL LABOUR COMMISSION --- DEFENDANTS PUBLIC SERVICES WORKERS' UNION OF GTUC --- INTERESTED PARTY
Employment Law: Labour Act (2003) Act 651 section 1; - exclusion of Armed Forces,Police,Prison Service and Security and Intelligence Agencies from Act -whether CEPS falls under Security and Intelligence Agencies -  constitutionality of section 1 of Act 651 - right of security services and CEPS staff to unionise; Expressio unius est exclusio alterius rule.
Presiding Judge:ATUGUBA, JSC
Coram:ANSAH,J.S.C., ADINYIRA (MRS.),J.S.C., DOTSE,J.S.C., ANIN YEBOAH.J.S.C.,
115    CUSTOMS EXCISE & PREVENTIVE SERVICE vrs. NATIONAL LABOUR COMMISSION
ATUGUBA, J.S.C: The facts of this case have been related by my brother Dotse, J.S.C. and I would not repeat them except where necessary. The plaintiff claims before us per its writ of summons as follows: “1. A declaration that on a true and proper interpretation of the Labour Act 2003 (Act 651), particularly s.1, the application or the purported application of the said Act to cover the Customs, Excise and Preventive Service (CEPS) as established by law is inconsistent
Presiding Judge:ATUGUBA, J.S.C.
Coram:ATUGUBA, ANSAH, ADINYIRA, DOTSE, ANIN YEBOAH
116    D/INSPR PATRICK ALLASANI MARMAH, 16373 D/CPL KWADWO KUMA vrs THE PEOPLE
FORSTER, J.A.. The two appellants both members of the Ghana Police Service, were tried by the National Public Tribunal on two counts charging them jointly with conspiracy to steal and. stealing 78 sticks of cigarettes suspected to contain a narcotic drug, being exhibits in a case referred to the Police for investigation. On 6th day of April, 1987, the N.P.T. convicted them on both counts.
Presiding Judge:AMUAH, J.A.
Coram:AMUAH, FOSTER, BENIN
117    DAASEBRE ASARE BAAH III,NANA KWAKU SALO V,NANA KWASI DENTEH KATABOAH III, NANA KWASI ASAMPONG,BARIMA OWUSU-AFARI ... PLAINTIFFS VRS 1.THE ATTORNEY-GENERAL 2.THE ELECTORAL COMMISSION ... DEFENDANTS
Judicial Review - Invocation of Supreme court's original jurisdiction via the process of judicial Review of legislative action - Order of Supreme Court to declare null and void creation of BIAKOYE DISTRICT and NKONYA AHENKRO as District Capital - whether proper method of seeking redress - Alleged violation of Act of Parliament not cognisible under art 2(1) and 230(1) of 1992 Constitution - test for exercise of Judicial Review jurisdiction by Supreme Court - scope of art 1(2), 2(1) and 130(1) of 1992 Constitution discussed.
Presiding Judge:WOOD (MRS), CJ
Coram:ANSAH,J.S.C, OWUSU (MS.),J.S.C.,DOTSE,JSC, ANIN-YEBOAH, J.S.C.,
118    DAASEBRE NANA OSEI BONSU II (@ ST.OSWALD GYIMAH-KESSIE) ... PLAINTIFF/APPELLANT/RESPONDENT/ VRS 1.AKWASI MENSAH 2.BEN EPHSON 3.THE DAILY DISPATCH 4.ALLIED NEWS LIMITED ... DEFENDANTS/RESPONDANTS/APPELLANTS
False and Malicious Publication - Defences of qualified privilege,fair comment arising from pleading that facts were truly stated - Distinct from defence of justification which requires proof of truth of facts stated and correctness of comments - success of defence of fair comment requiring publication of a mere opinion on a matter of public interest and based on facts stated without malice - Order 57 Rule 3, (High Court Civil Procedure Rules) 2004 C.I.47. Public Interest - Position of Chief makes matters which affect him and touching his traditional office,of public interest to his subjects and public at large.Constitutional Law - court to give meaning to, preservation and protection of the right to freedom of speech,the press and other media - Act 21 of the 1992 Constitution.Practice and Procedure - Heading notice of appeal to the Supreme Court with 'IN THE COURT OF APPEAL' - Supreme Court to inquire into appeal lodged from decision of Court of Appeal in order to do substantial justice un-blinded by strict adherence to technicalities.
Presiding Judge:ATUGUBA, JSC
Coram:ANSAH,JSC,BAFFOE-BONNIE,JSC, ARYEETEY,JSC, GBADEGBE,JSC
119    DANIEL ABODAKPI vrs. THE REPUBLIC
ARYEETEY, J.A. On the 5th of February 2007, the applicant was convicted by the Fast Track High Court and sentenced to concurrent terms of ten years imprisonment in respect of various counts of Conspiracy to commit crime namely Causing Financial loss to the state, contrary to Section 23(1) and Section 179A(3)(a) of the Criminal Code, 1960 (Act 29), Wilfully Causing Financial Loss to the State, contrary to Section 179A(3)(a) of the Criminal Code, Conspiracy to commit crime namely; Defrauding by False Pretences contrary to Section 23(1) and section 131 of Criminal Code and Defrauding by False Pretences contrary to Section 131 of the Criminal Code.
Presiding Judge:ARYEETEY, J.A.
Coram:ARYEETEY, MARFUL-SAU, MARIAMA OWUSU
120    DANIEL KWASI ABODAKPI vrs. THE REPUBLIC
KANYOKE J.A.; The appellant herein, a former minister of Trade and Industry ,together with Victor Selormey(deceased),also a former Deputy minister of Finance, were arraigned before the Fast Track High Court, Accra presided over by His Lordship S.T Farkye, an Appeal Court Judge (now retired)sitting as an additional High court Judge, on seven counts with the following offences;(1)two counts of conspiracy to commit crime, namely willfully causing financial loss to the state contrary to sections 23(1)and 179A(3) (a)of the Criminal offences Act, 1960(Act 29),(2) two counts of Willfully causing financial loss to the state contrary to section 179A(3) (a) of the criminal offences Act,1960(Act29),(3)One count of conspiracy to commit crime, namely Defrauding
Presiding Judge:KANYOKE, J.A.
Coram:KANYOKE, APPAU, ACQUAYE
121    DANIEL SACKEY QUARCOOPOME VRS SANYO ELECTRIC TRADING & ANOR.
ANSAH, JSC: This is an appeal against the judgment of the Court of Appeal dated the 1st day of March, 2007, dismissing the appeal by the appellant, hereafter called the plaintiff against the decision of the High Court dated 25th October, 2004. The plaintiff, was a Director on the Board of Directors of the 2nd Defendant between 1974 and 2001.
Presiding Judge:AKUFFO,(MS) J.S.C
Coram:AKUFFO ,BROBBEY ,ANSAH ,ADINYIRA, ASIAMAH
122    DANIEL SACKEY QUARCOOPOME vrs. SANYO ELECTRIC TRADING & ANOR.
ANSAH J.S.C.<.a>: This is an appeal against the judgment of the Court of Appeal dated the 1st day of March, 2007, dismissing the appeal by the appellant, hereafter called the plaintiff against the decision of the High Court dated 25th October, 2004. The plaintiff, was a Director on the Board of Directors of the 2nd Defendant between 1974 and 2001. The 1st defendant/appellant/respondent, hereinafter referred to as the 1st defendant, is a company incorporated under the laws of Japan and a Shareholder of the 2nd Defendant/appellant/respondent company, hereafter called the second defendant, registered under the laws of Ghana.
Presiding Judge:AKUFFO (MS), J.S.C.
Coram:AKUFFO (MS), BROBBEY, ANSAH, ADINYIRA (MRS), ASIAMAH
123    DANIEL SACKEY QUARCOOPOME vrs. SANYO ELECTRIC TRADING CO. LTD, GHANA SANYO COMPANY LIMITED
KANYOKE, J.A. - I have had the opportunity to read earlier on the lead judgment of my brother Marful Sau J.A. I agree with the conclusion reached by him that the appeal should and is accordingly allowed. The learned trial judge clearly went wrong in law in granting the alternative relief for “adequate remuneration and compensation for services
Presiding Judge:AKAMBA, J.A.
Coram:AKAMBA, KANYOKE, MARFUL-SAU
124    DAVID ANDREAS HESSE vrs. INVESTCOM CONSORTIUM HOLDING S.A., SCANCOM LTD.
DUOSE, J.A.:- On the 2nd day of April, the Commercial Division of the High Court, Accra, entered interlocutory judgment against the 1st Defendant in default of defence. Subsequently on the 26-04-07, the same court refused to set aside the interlocutory judgment stating “No new issue is raised in this application to set aside that Order.” The 1st Defendant/Appellant being dissatisfied with the ruling of the Commercial Court Accra dated 2nd April 2007, filed an appeal against it on 07-05-07 simultaneously with application for stay of proceedings pending appeal.
Presiding Judge:DOTSE, J.A.
Coram:ABBAN, OWUSU, DUOSE
125    DAVID ASARE vrs. MIKE SOMANI
DOTSE , J.A.:- This is an appeal from the judgment of the High Court, Accra dated 16th July, 2004. In that judgment, the learned trial justice of Appeal, sitting with additional responsibility as a High Court Judge, delivered judgment in favour of the Plaintiff/Respondent, hereafter referred to as the Plaintiff and against the Defendant/Appellant hereafter referred to as the Defendant.
Presiding Judge:DOTSE, J.A.
Coram:AKAMBA, KUSI-APPIAH, DOTSE
126    DAVID TORKORNOO vrs. THE CHIEF EXECUTIVE, GEORGE YAO BOTCHWAY
KANYOKE, J.A.:- This is an appeal by the 2nd defendant/appellant [hereinafter referred to as the appellant] against the judgment of the High Court, Tema dated the 31st day of July 2002, in which it was adjudged inter alia that one Madam Teresia Tamakloe is the owner of Plot No F. 50 Tema. The appellant being aggrieved by that judgment filed an appeal against the said judgment on the 1st day of October 2002 on seven grounds of appeal.
Presiding Judge:ABBAN (MRS)
Coram:ABBAN (MRS), KANYOKE, BAFFOE-BONNIE
127    DE SIMONE LIMITED VRS INTERCITY HOTELS LIMITED
The plaintiff was employed as a main contractor to construct the Accra Mall by the Defendant by appointment letter dated 14th December 2005. The construction contract was governed by the Fourth Edition (1987) of the Conditions of Contract for Works of Civil Engineering Construction produced by the International Federation of Consulting Engineers, or
Presiding Judge:GERTRUDE TORKORNOO
Coram:GERTRUDE TORKORNOO
128    DON ACKAH vrs. PERGAH TRANSPORT LTD. & 2 OTHERS
MARFUL-SAU J.A. The fundamental issue raised in this appeal for determination is who owns house no. plot 642 East Legon Accra. Is it owned by the Respondent herein or the1st Appellant? From the record of appeal the facts of the case simply are as follows: - SG.SSB Bank Ltd. who were the 3rd Defendants in the trial offered to sell house No. Plot 642, East Legon Accra. The house was at the time occupied by the 2nd Appellant herein. The purchase price of the house was fixed at ¢330,000,000.00. This transaction was in year 1999. The Respondent herein arranged for a loan of ¢200,000,000.00 from Unique Trust Financial Services for the 1st Appellant, which amount was paid to SG SSB Bank Ltd. by 1st Appellant as part payment of the purchased price. After about four (4) years, the balance of ¢130,000,000.00 was paid by the Respondent again on behalf of the 1st Appellant. Meanwhile the 1st
Presiding Judge:AKAMBA, J.A.
Coram:AKAMBA, QUAYE, MARFUL-SAU
129    DORIS YEBOAH vrs. THE REPUBLIC Respondent
ADJABENG, J.A.: On the 15th day of July, the appellant herein and two others were arraigned before the Brong Ahafo Regional Tribunal, sitting at Sunyani, charged with various drug offences. The other two persons were Awudu Seidu Baba and Saluu Abdulai. Awudu Seidu Baba who was accused, was charged with possessing India Hemp.
Presiding Judge:LAMPTEY, J.A.
Coram:LAMPTEY, ADJABENG, LUTTERODT
130    DR. BERNARD BAIDEN VRS 1. FEEL AT HOME DECORATIONS LTD. 2. RICHARD CUDJOE
The plaintiff is a lecturer in a University, the 1st defendant is a limited liability company involved in the production of furniture and the 2nd defendant is the managing director of the 1st defendant. The parties are agreed that they entered into a transaction for the defendant to make the following furniture for the plaintiff:
Presiding Judge:GERTRUDE TORKORNOO
Coram:GERTRUDE TORKORNOO
131    DR. CLEMENT APAAK ... PLAINTIFF VRS 1. THE ELECTORAL COMMISSION 2. THE ATTORNEY-GENERAL ... DEFENDANTS
Statute-Legislative Instruments-Local Government (Ketu North District Assembly) (Establishment) Instrument,2007 (LI 1843) - Whether s.2 (4) of L I 1843 creates new electoral areas - Constitutional Law - 1992 Constitution art. 45 - Whether first defendant could be restrained from conducting national elections in Lawfully designated electoral areas.
Presiding Judge:ATUGUBA, AG. C.J.
Coram:DR.DATE-BAH, JSC, ADINYIRA (MRS) JSC, OWUSU (MS.),J.S.C, ANIN - YEBOAH,J.S.C. GBADEGBE,J.S.C. AKOTO-BAMFO (MRS.) J.S.C
132    DR. OWUSU AFRIYIE AKOTO --- PETITIONER/APPELLANT/APPELLANT VRS ADWOA ABREFI AKOTO --- RESPONDENT/RESPONDENT/RESPONDENT
Husband and wife - Divorce - Property Ownership - Dispute as to distribution of matrimonial property. Jurisdiction - determination of lex situs Matrimonial causes Act 1971, (Act 367) - Courts Act 1973 (Act 459) Company Law - Principle of lifting the veil of incorporation - How applicable?
Presiding Judge:ATUGUBA J.S.C
Coram:AKUFFO (MS),J.S.C.,ANIN-YEBOAH,J.S.C.,GBADEGBE,J.S.C.,AKOTO-BAMFO (MRS),J.S.C.
133    E. OSEI JUMAH & 6 ORS vrs. PAUL DODZI & 2 ORS
PIESARE, J.A.: - This is an appeal against the judgment of the Circuit Court, Accra dated 19th June, 2001, brought by the 15t Defendant/Appellant Paul Dodzi. [a] The learned trial Judge erred on the issue of the capacity [locus standi] of the Plaintiffs to institute this action against the 15t Defendant. [b] The judgement is against the weight of the evidence. [c] The learned trial judge failed to look at the evidence before her in its entirety and thereby arrived at a wrong conclusion on the question of whether or not the 15t defendant gave his name for the two rooms which are in dispute.
Presiding Judge:OWUSU (MS), J.A.
Coram:OWUSU (MS), PIESARE, APALOO
134    E.B. TIMOTHY KWAME BOTCHEY & ANOR … PLAINTIFF vrs. JOSEPH BANFUL & 5ORS.
DOTSE, J.A. - In this case, the Plaintiffs/Appellants. (hereinafter referred to as the Plaintiffs) claimed the following reliefs at the High Court Agona Swedru against the Defendant/Respondents (hereinafter referred to as the Defendants):- (1) 1st Plaintiff’s claim against the defendants, jointly and severally is for 10 million cedis as damages for trespass to 1st Plaintiff’s land situate, lying and being at Gomoa Buduburam and measuring 640 acres more or less on mile 20 on the Winneba-Accra Road near Gomoa Buduburam meant for cattle Rearing and known as “Nyame Na Dom.”
Presiding Judge:ANSAH, J.S.C.
Coram:ANSAH, ANINAKWAH, DOTSE
135    EAGLE HAULAGE VRS NORDIC MOTORS
The two parties in this case are Limited Liability Companies registered under the laws of Ghana. The Plaintiff is engaged in the haulage business whilst the Defendant is a vendor and distributor of all types of vehicles including trucks, buses, industrial and marine engines.
Presiding Judge:RICHARD ADJEI-FRIMPONG
Coram:RICHARD ADJEI-FRIMPONG
136    EBENEZER MONNEY AND 2 OTHERS vrs. REPUBLIC
Presiding Judge:FORSTER, J.A.
Coram:FORSTER, BENIN, ARYEETEY
137    EBUSUAPANYIN KWAME TWI vrs. ESI NANA [DECEASED] SUBSTITUTED BY KOFI DADZIE
ASARE KORANG, J.A. - This is an appeal from a decision of the High Court that upheld the claim of the plaintiff to whom I shall for convenience in this proceedings refer as the respondent and to the defendants in the court below similarly refer as the appellants. In the decision the subject matter of these proceedings the learned trial judge n a considered opinion delivered at the end of a full scale trial upheld the claim of the respondent. It appears from the judgment on which this appeal turns that she took the view that there was a previous decision which the parties before her fought in the same
Presiding Judge:GBADEGBE, J.A.
Coram:GBADEGBE, ASARE KORANG, OSEI
138    ECOBANK GHANA LTD VRS NETLYNK KEA SYSTEMS LTD
At all times material to this action, the Defendant Company was a customer of the Plaintiff Bank. In the course of their dealing, the Plaintiff, at the request of the Defendant approved a finance lease facility to enable the Defendant purchase vehicles for its operations. The sum approved in this transaction was USD48,000.
Presiding Judge:RICHARD ADJEI-FRIMPONG
Coram:RICHARD ADJEI-FRIMPONG
139    EDMUND ASANTE – APPIAH VRS MADAM KATE AMPONSAH ALIAS YAA MANSAH
BROBBEY JSC: This is an appeal from the decision of the Court of Appeal which allowed an appeal against the decision of the High Court sitting at Koforidua. The facts which gave rise to the litigation before this court are as follows: The plaintiff who shall hereafter be referred to as the appellant claimed that he alone bought the subject matter of the case which is a house together with an adjoining plot, both of which are situated at Apedwa.
Presiding Judge:AKUFFO,(MS) J.S.C
Coram:AKUFFO, BROBBEY, DATE-BAH, ANSAH, ASIAMAH
140    EDMUND ASANTE – APPIAH vrs. MADAM KATE AMPONSAH ALIAS YAA MANSAH
BROBBEY J.S.C.: This is an appeal from the decision of the Court of Appeal which allowed an appeal against the decision of the High Court sitting at Koforidua. The facts which gave rise to the litigation before this court are as follows: The plaintiff who shall hereafter be referred to as the appellant claimed that he alone bought the subject matter of the case which is a house together with an adjoining plot, both of which are situated at Apedwa.
Presiding Judge:AKUFFO (MS), J.S.C.
Coram:AKUFFO (MS), BROBBEY,DATE-BAH , ANSAH, ASIAMAH
141    EDWARD AKOTUA & ORS vrs THE REPUBLIC
TWUMASI, J.A.:-The 1st & 2nd Appellants who stood trial before the Circuit Court, Odumasi-Krobo were convicted of stealing and the 4th and 5th Appellants were Convicted of dishonestly receiving a black stool belonging to the Asona Royal Family of Berekuso in the Eastern Region. The said black stool was in the custody of a woman by the name NANA AKOSUA OYE I of Berekuso. The latter had kept the black stool in her room in a wardrobe under lock and key.
Presiding Judge:LARTEY, J.A.
Coram:LARTEY, TWUMASI, ARYEETEY
142    EID v. EID AND ANOTHER [1979] GLR 290-296
APALOO C.J. The respondents are infants now aged eleven and nine respectively and are the children of the late Sami Aziz Eid. The latter although in origin a Lebanese, acquired Ghanaian citizenship by naturalisation. He died at Accra on 3 August 1969 intestate possessed of real and personal property. On the deceased's death, his brother and wife jointly obtained letters of administration in respect of his estate. His widow has since remarried and is the second defendant in this matter. She is not an appellant before us. She is, of course, the mother of the infant respondents. The deceased's brother is the first defendant and is the only appellant in this court.
Presiding Judge:APALOO, C.J.
Coram:APALOO, KINGSLEY-NYINAH, FRANCOIS
143    ELIZABETH AMELEY STEPHEN vrs ALL BROTHERS BOOKS & STATIONERY LIMITED
ASARE KORANG, J.A.:- In this application, the plaintiff/appellant/applicant (Applicant for short) prays this court to appoint a Receiver and Manager in respect of House No. 583/4, South Liberia Road/Accra, the subject matter of a dispute between her and the defendants/respondents/respondent (respondents for short). The duties to be performed are spelt out in the applicant’s motion on notice as follows: “Collect arrears of rent from the Respondents from the date of Judgment in Suit No, L634/98, have regard to Legitimate
Presiding Judge:ASARE KORANG, J.A.
Coram:ASARE KORANG, QUAYE, DUOSE
144    ELLIS TAMAKLOE - APPELLANT VRS THE REPUBLIC - RESPONDENT
Evidence Act 1975 (NRCD 323), s.18 (2) - Proof of commitment of narcotic offences - Prosecution to prove possession and knowledge - Reliance on circumstantial evidence - Factors to be considered.
Presiding Judge:ATUGUBA JSC
Coram:ANSAH JSC, ADINYIRA (MRS) JSC, BAFFOE-BONNIE JSC, ARYEETEY JSC
145    ELLIS TAMAKLOE --- PLAINTIFFS VRS THE REPUBLIC --- DEFENDANT
Review Jurisdiction of Supreme Court - a unitary jurisdiction with no need for special dispensation in criminal cases - invoked in special and exceptional circumstances arising from fundamental error which must lead to miscarriage of justice - no review where no miscarriage of justice even if exceptional circumstances found - Supreme Court Rules 1996 (CI 16) Rule 54 (a) and (b). Constitutional Law - Reversed onus of proof of lawful authority for possession of narcotic drug on accused not unconstitutional - not a violation of the right to presumption of innocence until proven guilty or right to fair trial - act 19 of 1992 Constitution; Section 2 of Narcotic Drug (Control Enforcement and Sanctions) Law 1990, PNDC Law 236.
Presiding Judge:ATUGUBA J.S.C
Coram:ANSAH,J.S.C., ADINYIRA (MS),J.S.C., DOTSE,J.S.C., YEBOAH.J.S.C., B. BONNIE,J.S.C., ARYEETEY,J.S.C.
146    ELLIS TAMAKLOE vrs THE REPUBLIC
ANSAH, J.S.C.: Each accused was charged with and convicted for the offences of: “COUNT ONE STATEMENT OF OFFENCE. Attempted exportation of Narcotic Drugs without lawful authority contrary to Sections 56 (a) and 1(1) of the (Narcotic Drugs Control enforcement and Sanctions) Law, PNDCL 236. 2 2 PARTICULARS OF OFFENCE. 1 ROGER OCLOO 2 ELLIS TAMAKLOE on or about 29th August 2006 at the DHL Office, Kanda in Accra, in the Greater Accra Region did attempt out of Ghana without any licence issued by the Minister of Health, a quantity of Cannabis Sativa a Narcotic Drug, weighing 695g. COUNT TWO STATEMENT OF OFFENCE Possession of Narcotic Drugs without lawful authority contrary to Section 2 of the Narcotic Drugs (Control Enforcement and Sanctions) Law, 1990, PNDCL) 236. PARTICULARS OF OFFENCE 1 ROGER OCLOO, 2 ELLIS TAMAKLOE, on or about the 29th August 2006 in Accra in the Greater Accra Region, without lawful authority, did have in your possession and under your control a quantity of Cannabis Sativa, a Narcotic Drug weighing 695 g.” The accused were found guilty on both counts, convicted and sentenced to the minimum 10 years jail term on each count to run concurrently.
Presiding Judge:ATUGUBA, J.S.C.
Coram:ATUGUBA, ANSAH, ADINYIRA (MRS), BAFFOE-BONNIE, ARYEETEY
147    EMMANUEL ROCKSON vrs. ILIOS SHIPPING COMPANY S.A., WILTEX LTD., BLACK STAR LINE BUILDING TAKORADI
DR. DATE-BAH, JSC: On the 4th of July 2003, the plaintiff mariner filed a writ at the High Court, Sekondi, endorsed with the following claim: 2 “i) Order that the Cyprus affiliate F T PAW, settles the Plaintiff’s claim per the Collective Insurance Policy of International Transport Workers Federation (I.T.W.F.) ii) 35% Interest on the sum payable from 1st November 2001 to date of payment.”
Presiding Judge:AKUFFO (MS), J.S.C
Coram:AKUFFO (MS), DATE-BAH, ANSAH, ANIN YEBOAH, BAFFOE-BONNIE
148    EMMANUEL SEY vrs THE REPUBLIC
WOOD, J.A.: A quantity of gas oil which was supplied to the Ghana Railway Corporation Kumasi, on 2nd March -1989, was found to be short by 3,740 imperial. gallons, Six persons, who were all employees of the Corporations were, in connection with this matter, arraigned before the Ashanti Regional Tribunal on a charge of DD0An8 an act with intent to sabotage the economy of Ghana Contrary to S. 9(1)(f) of PNDCL. 78, The act complained of
Presiding Judge:WOOD, J.A.
Coram:WOOD, BROBBEY, ESSILFIE—BONDZIE
149    EMMANUEL TETTEH QUAYE vrs. JOHNSON AKWERTTEH & ANOR
TWENEBOA-KODUA, J.A. - The Appellant sued the Respondents for, inter alia, a declaration of title to a plot of land situate at Madina in Accra and lost his entire claim. The respondents, on the other hand, succeeded on their counter-claim for reliefs as follows: “(a) A declaration of title to all that piece or parcel of land in extent
Presiding Judge:OMARI-SASU, J.A.
Coram:OMARI-SASU,TWENEBOA - KODUA,QUAYE
150    ENGINEERING SYSTEM & SERVICES LTD VRS. MACBEN SOFTWARE LIMITED
The plaintiff has sued the defendant for the sum of US$19,006 arising out of two invoices dated 4th April 2008 and 6th April 2008 respectively and issued by plaintiff to defendant for the supply of internet services and equipment. They were tendered as exhibits A and C respectively.
Presiding Judge:GERTRUDE TORKORNOO
Coram:GERTRUDE TORKORNOO
151    ESSMMC SHIPPING CO. LTD. vrs. CUSTOMS EXCISE & PREVENTIVE SERVICE
GBADEGBE, J.A.: read the following judgment of the Court. In this appeal which arises from the decision of the High Court, Accra upholding the claim of the respondent the questions which the court has to decide turn on the liability of the appellant regarding the seizure and or confiscation of the respondent’s fish, the award of damages and the order that the respondent pays custom duties on the fish the subject matter of the action herein. In the court below, the learned trial judge accepted the respondent’s case that that the conduct of the appellant in ordering the seizure of the fish and subsequently dealing with it in a manner inconsistent
Presiding Judge:GBADEGBE, J.A.
Coram:GBADEGBE, PIESARE, QUAYE
152    ESTATES OF MAD. FAVOUR AMORKOR QUAYE, SAMUEL AYIKWEI QUAYE vrs DANIEL AYIKWEI, REJOICE DEDELI QUAYE
MARFUL SAU, .J. - On the 22nd July 2002, the High Court Accra, granted an ex-parte application for Letters of Administration jointly to one Daniel Ayi Quaye and Rejoice Deedei Quaye. Before the Letters of Administration could be issued however, two caveats were filed by Samuel Quaye eldest son of the intestate Madam Favour Amorkor Quaye on the 8th August, 2002 and Emmanuel Okoe Hammond who claimed to be the head of family to which the intestate belonged. The second caveat was filed on the 28th August 2002. On the 3rd December 2002 the applicants filed a motion ex parte for
Presiding Judge:FARKYE, J.A.
Coram:MARFUL SAU, FARKYE, ABBAN (MRS)
153    EVANS KOFI APETORGBOR, KWESI WOLDE MIKAL vrs. THE REPUBLIC
AFREH, J.A.: The appellants herein were on 29th June, 1993 convicted by the National Public Tribunal, sitting aT Accra, of possessing narcotic drugs contrary to section 2(1) and (2) of the Narcotic Drugs (Control, Enforcement and Sanctions Law, 1990 (PNDC 236) and were each sentenced to 10 years I.H.L.
Presiding Judge:FOSTER, J.A.
Coram:FOSTER, BROBBEY, AFREH
154    EXCEL LOGISTICS GH. LTD vrs. GPRTU OF TUC (GHANA BURKINA FASO HAQRBOUR BRANCH)
AKAMBA, J.A.: This is a motion filed against the hearing of this appeal. Before dealing with the substantive appeal filed on 3rd September 2004 at the High Court Tema against the judgment delivered on 27th August 2004 by the said High Court, it is important to first surmount this procedural obstacle raised by way of preliminary objection which we intend to address. The plaintiffs/respondents (hereinafter simply referred as the respondents) filed a separate and independent notice of their intention to rely upon a
Presiding Judge:AKAMBA, J.A.
Coram:AKAMBA, KUSI-APPIAH, DOTSE
155    EXIMGUARANTY CO. GHANA LIMITED VRS. 1. WEST AFRICAN EXCHANGE CO. LTD 2. NANA AGYEMAN PENSAN
Presiding Judge:BARBARA ACKAH-YENSU
Coram:BARBARA ACKAH-YENSU
156    EXPOM GHANA LTD --- PLAINTIFF VRS 1. VANGUARD ASSURANCE AND ANOR 2. TRI-STAR INSURANCE SERVICES GHANA LTD --- DEFENDANTS
Law of Contract - Insurance - Failure of insurer to settle claim made by insured - Whether the insured deliberately caused the peril - Burden of proof - Onus on insurer to adduce credible evidence that insured committed arson - Standard of proof required in civil cases tainted with criminality is proof beyond reasonable doubt - Evidence Act s. 13(1)
Indemnity - Measure of indemnity - Whether plaintiff has to be restored to the position existing at the time of the fire - Onus on plaintiff to adduce evidence to prove quantum of loss suffered.

Presiding Judge:JUSTICE RICHARD ADJEI-FRIMPONG
Coram:
157    EXPORT IMPORT BANK OF U.S.A. VRS OSIADAN COMPANY LTD & 2 ORS.
The Osiadan Company Ltd, the 1st Defendant Company engages in the manufacturing of concrete blocks, roofing tiles, pavement blocks and other concrete products. Sometime around 2000 the company
Presiding Judge:RICHARD ADJEI-FRIMPONG
Coram:RICHARD ADJEI-FRIMPONG
158    F.K.A. LIMITED ... PLAINTIFF/RESPONDENT VRS ADJEI BOADI ... DEFENDANT/APPELLANT
Land Law - Compulsory Acquisition - Whether government commitment to release land to Weija Stool gives capacity to alienate lands - No revocation instrument - Whether court is entitled to find fraud even if not pleaded - Whether defendant can challenge ownership to land belonging to someone else
Presiding Judge:ABBAN (MRS), JA
Coram:DUOSE, JA, OFOE, JA.
159    FEDELIX YERBI, ANTHONY KWESI AVALIFO vrs. THE REPUBLIC
FORSTER, J.A. : The appellants are currently standing trial at the Regional Tribunal, Greater Accra on two Counts - Conspiracy to Steal and Stealing, in respect of the amount of 100 million CEDIS, “of which they are not the owners”. In the course of trial, and after the prosecution had called ten witnesses, the prosecuting attorney applied under S.58 of the Courts Act, 1993 (Act 459)
Presiding Judge:FOSTER, J.A.
Coram:FOSTER, BADDOO, AFREH
160    FEDERATION OF YOUTH ASSOCIATION OF GHANA (FEDYAG) --- PLAINTIFF VRS PUBLIC UNIVERSITIES OF GHANA & ORS --- DEFENDANTS
Constitutional law - 1992 Constitution art.25 - Universal Declaration of Human Rights (UDHR) art.26 - Right to Education - Right subject to limitation - Whether fee paying policy in Public Universities is inconsistent with 1992 Constitution - Statutes - Construction - Art.25 of Constitution must be interpreted guided by Directive Principles in Art.38.
Presiding Judge:ATUGUBA J.S.C
Coram:AKUFFO (MS)JSC,BROBBEY JSC,ANSAH JSC,ADINYIRA (MRS)JSC, OWUSU (MS),JSC, ANIN-YEBOAH,JSC, GBADEGBE,JSC, AKOTO-BAMFO (MRS)JSC
161    FELIX UGOCHUKWU OGU vrs. THE REPUBLIC
ADDOH J.A.: This is an appeal for a reduction of the sentence of fifteen (15) years imposed on the appellant. The appellant, who was tried and convicted by the Greater Accra Regional Tribunal for the offence of possessing Narcotic Drugs without lawful authority contrary to section 2(1) and (2) of the Narcotic Drugs (Control Enforcement and Sanctions) Law 1990 PNDCL 236 is appealing for mitigation of sentence. The appellant from the appeal record was arrested on 26/03/2003. He was admitted to bail on stringent
Presiding Judge:APALOO, J.A.
Coram:APALOO, GYAESAYOR, ADDO
162    FELIX YAW BANI VRS MAERSK GHANA LIMITED
Contract of employment - Termination of appointment - Failure to give notice in accordance with collective bargain agreement - Effect on employer's power to terminate - Subcommittee acting ultra vires - Whether employer can act on findings - Natural justice - Audi alteram partem rule - Public law doctrine - Whether in the absence of contract employer is bound to comply with rule - Whether termination proper - Labour Act 2003 Act 651, ss. 15, 18, 19, 62, 63 and 64
Presiding Judge:Date-Bah JSC
Coram:Dotse JSC, Yeboah JSC, Aryeetey JSC, Akoto-Bamfo (MRS) JSC
163    FKA COMPANY LTD vrs. EFFAH SARKODIE
WOOD C.J : BRIEF FACTS - The Plaintiff/Respondent/Respondent (hereinafter known as the Plaintiff) issued out an Amended Writ of Summons and Statement of Claim on the 27th May 2003 for the following reliefs: 1. Declaration of title to all that land situate, lying and being at New Weija-Accra and containing an approximate area of 95.194 acres more or less and bounded on the Northwest by a proposed road measuring 2891.70 feet more or less, on the Northeast by a proposed road measuring 2656.39 feet more or less, on the Southeast by Weija lands measuring 1889.36 feet more or less and on the
Presiding Judge:WOOD (MRS), C.J.
Coram:WOOD (MRS), ADZOE, BROBBEY, ANSAH, ASIAMAH
164    FLAMINGO FOODS LIMITED vrs THE REPUBLIC
TWUMASI, J.A. : This is an appeal against an Order made by the Regional Public Tribunal, Accra issued on the 20th November, 1998 for the forfeiture of a landed property situate in Accra. The Order was made pursuant to an application made by the Attorney-
Presiding Judge:TWUMASI, J.A.
Coram:TWUMASI, ARYEETEY, OWUSU-ANSAH
165    FRANCIS KOFI ADZAYAWO, HILARIU-ANANE, EMIL ANORSIGBE vrs.GHANA PRIVATE ROAD, TRANSPORT UNION OF TUC [GH]
OWUSU, J.A.:- On 2nd July, 2004, the court dismissed the court dismissed the Defendant/Appellant/Applicant’s application for Stay of Execution and reserved its reasons for the dismissal, which reasons I now proceed to assign: - By their writ of summons filed on 8/3/02, the Plaintiffs claimed the following reliefs: [a] “a declaration that the election that was held at the Kpando Branch of the GPRTU of TUC and conducted by National Electoral Officer of the National Electoral Commission [NEC] and all subsequent acts thereon are null and void and of no effect whatsoever, having been conducted in contravention of the mandatory provisions of Article 13[0] of the constitution of the GPRTU of TUC of Ghana.
Presiding Judge:OWUSU, J.A.
Coram:OWUSU, OWUSU-ANSAH, AKAMBA
166    FRANK AYITEY vrs. JULIANA QUAYE
ASARE KORANG, J.A. - The Plaintiff\Respondent (hereafter designated as the Plaintiff) as customary successor and head of family of the matrilineal family of the late Stephen Yaw Nimo sued the Defendant/Appellant (hereafter called the Defendant), the widow of the late Stephen Yaw Nimo (Yaw Nimo for short hereafter) for inter alia a Declaration that House No. ZE. 172, Zongo Extension, Kumasi is the property of the immediate matrilineal family of Yaw Nimo and that the purported gift inter vivos of the said house by Yaw Nimo to the defendant was null and void and of no effect whatsoever.
Presiding Judge:ESSILFIE BONDZIE, J.A.
Coram:ESSILFIE BONDZIE, OWUSU-ANSAH, OSEI
167    FRANK BENNEH vrs. THE REPUBLIC
FORSTER. J.A.: This is an appeal against the decision of the Greater Accra Regional Tribunal for refusing bail to the appellant who was standing trial on four counts for narcotic offences. He appealed to this court against the ruling dated 7/7/98. At the hearing of this appeal, Kakraba Quarshie,
Presiding Judge:FORSTER, J.A.
Coram:FOSTER, BADDOO, AFREH
168    FRANK OKE vrs. THE REPUBLIC
QUAYE, JA: The appellant, Frank Oke, was tried jointly with one Joseph Katako alias Joe, n the High Court, Ho. Both accused persons faced a common count of conspiracy to commit robbery, when the second accused person Joseph Katako alone faced the substantive charge of robbery.
Presiding Judge:QUAYE, J.A.
Coram:QUAYE, ACQUAYE, HONYENUGAH
169    FREDERICK MENSAH ... PLAINTIFF/RESPONDENT VRS 1. DIRECTOR NEWMONT 2. NEWMONT GOLD GH. LTD. ... DEFENDANTS/APPELLANTS
Land Law - Compulsory Acquisition - Compensation - Method of Payment - Minerals and Mining Act,s.73 and 74 - Law on compensation payment requires agreement by the parties on what compensation to be paid - Agreed method of compensation is Acreage method. Practice and Procedure - Appellate Court - Circumstances under which it can interfere with findings of trial court - Justifiable to do so when findings is inconsistent with crucial evidence on record
Presiding Judge:A.ASARE-KORANG, J.A
Coram:V.OFOE, J.A., C.J.HONYENUGA, J.A
170    FRIMPONG BADU vrs. THE REPUBLIC
APALOO JA; This is an appeal from the High Court, Accra where the appellant was on 25th September 2008 convicted on two counts of offences related to narcotics. The counts were (1) attempted exportation of Narcotic Drug without Licence issued by the Ministry of Health and (2) Possession of narcotic Drug without lawful Authority. Both counts were contrary to Sections 1(1) and 2(1) respectively of the Narcotic Drugs (Control, Enforcement and Sanctions) Law 1990 (PNDCL 236). The Court below convicted the appellant and sentenced him to a term of 12 years IHL on each count to run concurrently.
Presiding Judge:APALOO, J.A.
Coram:APALOO, GYAESAYOR, ADDO
171    GABRIEL H.O. THOMPSON SSNIT TRANSPORT UNIT ACCRA ... PLAINTIFF/APPELLANT VRS 1. COMMANDER BAFFOE-MENSAH 2. MR.ANKRAH 3. CHARLES BANAFO 4. MR.ALHASSAN ... DEFENDANT/RESPONDENT, CO-DEFTS/RESPONDENTS
Land Law - Ownership of land - Whether the defendants perpetuated fraud on the allodial owners - Indenture thumb printed by allodial owners produced by defendant as evidence - Absence of jurat clause as required by law - Whether absence of jurat clause renders the instrument invalid - Onus on both parties to adduce sufficient evidence to prove the validity or otherwise of the instrument.
Presiding Judge:APALOO,J.A
Coram:ACQUAYE JA, DZAMEFE JA
172    GABRIEL JOANNE ... APPELLANT VRS THE REPUBLIC ... RESPONDENT
Criminal law and procedure - Narcotic Offence - Appellant charged with possession of narcotic drugs - Narcotic Drugs (Control,Enforcement & Sanctions) Law, ss. 56(a), 1(i) - Trial - Mistake in charge sheet - Non-amendment of mistake - Whether it occasioned substantial miscarriage of justice - Criminal Procedure Code,s.112 (2).
Plea - Change in appellant's plea - Accepting plea in the absence of attorney - Whether Court committed procedural error - Criminal Procedure Code, s.199.

Presiding Judge:R.K. APALOO, J.A
Coram:K.A. ACQUAYE, J.A, ADUAMA OSEI, J.A
173    GABRIEL KWAO BOSO - APPELLANT VRS THE REPUBLIC - RESPONDENT
Constitutional Law - Sentencing - Courts enjoined to take period spent in lawful custody into account in imposing term of imprisonment after conviction - 1992 Constitution, art. 14(6).
Practice and Procedure - Rule that appeals are by way of rehearing applicable to sentences provided that sentence is appealed against - No hard and fact rules as to the form, manner or language in which compliance with constitutional direction in art. 14(6) is to be stated.
Criminal law - Manslaughter - Fact of death by manslaughter provable by circumstantial evidence provided that it leads to only one conclusion.

Presiding Judge:WOOD C.J
Coram:BROBBEY JSC, ANSAH JSC, ANIN YEBOAH JSC, BAFFOE-BONNIE JSC
174    GABRIEL KWAO BOSO vrs. THE REPUBLIC
WOOD, (MRS) CJ:- Brief Facts: On the 21st of January, 2009, we affirmed the decision of the Court of Appeal which substituted the appellant’s murder conviction for manslaughter. Furthermore, we enhanced the sentence of 15 years imposed on him to 21 years with hard labour and reserved our reasons. We now assign our reasons for those decisions that we took.
Presiding Judge:WOOD (Mrs), CJ
Coram:WOOD, BROBBEY, ANSAH, ANIN YEBOAH, BAFFOE-BONNIE
175    GAISE ZWENNES HUGHES & CO. --- PLAINTIFF/APPELLANT/APPELLANT VRS LODERS CROCKLAAN B.V. --- DEFENDENT/RESPONDENT/RESPONDENT
Legal practitioners - Recovery of fees - Whether there was compliance with Legal Profession Act 1960 (Act 32) s.30 - Whether defence not raising point of non-compliance constitutes waiver - CI 16 rule 6(7) (b) - Whether non-compliance with rules of court renders action incompetent.
Presiding Judge:DATE-BAH JSC
Coram:OWUSU, JSC, DOTSE,JSC,BONNIE JSC, GBADEGBE, JSC
176    GATEWAY WORSHIP CENTRE - RESPONDENT VRS DAVID SOON BOON SEO - APPELLANT
Trusts - Complete Construction of trust - Constructive trusts - Volunteer,Fiduciary in trusts - Enforcement of trusts - Beneficiary may enforce a completely constituted trust whether or not he has given value - Beneficiary owner of equitable interest may trace property into any hands holding same except bonafide purchaser for value without notice.
Courts - Every court in Ghana a court of both common law and equity - Courts Act 1993, s.42(1) - 1992 Constitution, art.11(1) - Interpretation Act 1960, s.17(1)

Presiding Judge:AKUFFO JSC
Coram:DATE-BAH JSC, ADINYIRA (MRS) JSC, OWUSU JSC, DOTSE JSC
177    GATEWAY WORSHIP CENTRE vrs.DAVID SOON BOON SEO
JUDGMENT AKUFFO, JSC: This is an appeal from the judgment of the Court of Appeal dated 9th December, 2005, which upheld a judgment of the Circuit Court dated 8th December, 2003 in favour of the Respondents herein.
Brief Background

The Appellant is a missionary of Korean nationality and was at all material times resident in the Tema Metropolitan area. The 1st Respondent is the

Presiding Judge:AKUFFO, J.S.C.
Coram:AKUFFO, DATE-BAH, ADINYIRA, OWUSU, DOTSE
178    GEORGE KOFI GYIMAH - PLAINTIFF/RESPONDENT/APPLICANT VRS J.K. ABROKWA - DEFENDANT/APPELLANT/RESPONDENT
Practice and procedure - Supreme Court - Jurisdiction - 1992 Constitution, art. 131(2) - Courts Act 1993 (Act 459), s.4(2) - Supreme Court Rules, CI 16, rule 7(4) - Special leave - Conditions to grant of.
Presiding Judge:ANSAH JSC
Coram:OWUSU (MS) JSC, BAFFOE-BONNIE JSC, ARYEETEY JSC, GBADEGBE
179    GEORGINA NAA AHINEY AMARTEY ... PLAINTIFF/APPELLANT/RESPONDENT VRS MRS.WINIFRED IDDRISU ... DEFENDANT/RESPONDENT/APPELLANT
Practice and Procedure Land Law,Pleadings,Objections to a reply pleading new matters - Amendments,Discontinuance by Plaintiff - grant of interlocutory injunction. Search disclosing absence of leave for filing further defence to reply and counterclaim - motion to strike out further defence to reply and counterclaim,invocation of Order 70 rule 1 of LN 140 A. Change of Solicitors,change of Judges,adoption of proceedings,clear violation of Civil Procedure Rules,consequences.
Presiding Judge:DATE-BAH JSC
Coram:ANSAH,J.S.C., ADINYIRA,J.S.C., DOTSE,J.S.C., BAFFOE-BONNIE,J.S.C.,
180    GEORGINA NAA AHINEY AMARTEY VRS MRS. WINIFRED IDDRISU ..
DOTSE , J.S.C: This is an appeal by the Defendant/Respondent /Appellant, hereinafter referred to as the Defendant, against the judgment of the Court of Appeal dated November 26, 2006 wherein judgment was given in favour of the Plaintiff/Appellant/Respondent, hereinafter referred to as the Plaintiff. The Plaintiff instituted action in the High Court, Accra on May 26, 2000 against the Defendant,
Presiding Judge:DATE-BAH, J.S.C
Coram:DATE-BAH, ANSAH, ADINYIRA, DOTSE, BAFFOE-BONNIE
181    GERSHON YAO ADABUNU vrs SETH DOVIE, PAUL DOVIE

J.B. AKAMBA, J.A.:- This is an appeal against the decision of Mrs. Vida Akoto Bamfo. J.A, sitting as an additional High Court Judge in the High Court Accra dated 22nd March 2002 in which she dismissed the claim of the plaintiff/appellant (hereinafter referred to as plaintiff). She then entered judgment in favour of the defendants/respondents (hereinafter referred to simply as defendants) and granted the entire reliefs claimed in their counterclaim.

The plaintiff's claim against the defendants jointly and severally were for:

  1.  "Declaration of title to all that parcel of land situate at North
    Odorkor bounded on the North East by Asere Stool land measuring ... "
Presiding Judge:OMARI-SASU, J.A.
Coram:OMARI-SASU, AKAMBA, TWENEBOA-KODUA
182    GHACEM GHANA LIMITED VRS 1. MUSAH ISSAH 2. RUALFU MUBAH
Presiding Judge:BARBARA ACKAH-YENSU
Coram:BARBARA ACKAH-YENSU
183    GHANA CABLE CO. LTD, HEAD OFFICE vrs BARCLAYS BANK (GH.) LTD, HEAD OFFICE ACCRA
ATUGUBA, JSC:- The Plaintiff per its Writ of Summons against the defendant claimed the following: “ a.) Plaintiff Company’s claim against defendant is for damages for the total collapse of the plaintiff company’s business, loss of good will loss of profits resulting from breach of contract by defendant for unlawfully withdrawing credit facilities for plaintiff company under credit facility agreement for making funds available for plaintiff company for importation of much needed machinery and equipment, spare parts appliances etc, for rehabilitation and
Presiding Judge:ATUGUBA, J.S.C.
Coram:ATUGUBA, ANSAH, OWUSU (MS), ANIN YEBOAH, BAFFOE-BONNIE
184    GHANA COMMERCIAL BANK VRS JERRY KOFI JOHNSON & ANOR
At all times material to this case the 1st Defendant, Jerry Kofi Johnson Gawu who traded under the name and style of WATERLILIES ENTERPRISE was a customer of the Plaintiff bank. In that relationship, the 1st defendant applied for and was granted several banking facilities by the Plaintiff.
Presiding Judge:JUSTICE RICHARD ADJEI-FRIMPONG
Coram:JUSTICE RICHARD ADJEI-FRIMPONG
185    GHANA COMMERCIAL BANK vrs. DAKMAK RASHWAN CHEMICAL INDUSTRY AND 7 OTHERS
QUAYE, J.A.:- In the cause that is still pending final determination in the trial High Court (Fast Track) the plaintiff/respondents, who are a corporate body, established under the laws of Ghana to engage in the banking business, commenced the action by writ of summons on 5th April 2005, for the recovery of ¢18,033.477,450.14 which they alleged was the outstanding unpaid amount including interest on a 120 days deferred letter of credit facility of US$1,000,000.00 they granted the 1st Defendant/appellant on 27th February 1998. The facility was valid for 24 months, with a condition for review at six months intervals.
Presiding Judge:QUAYE, J.A.
Coram:QUAYE, MARIAMA OWUSU, DUOSE
186    GHANA POST COMPANY LTD vrs. JAMES SUALAH BOSSMAN AND MS. CECILIA FOLY
TWENEBOA-KODUA, J.A. - This is an interlocutory appeal from the ruling of the High Court, Tamale. The said ruling delivered on 29 April 2004 was occasioned by an objection taken by the plaintiff/appellant {simply called plaintiff hereinafter} to the admissibility of a supplementary affidavit in an interpleader claim. The plaintiff had successfully sued the defendant and had embarked on the process of execution of the said judgment. In that process the plaintiff had caused property in the nature of a plot of land with an uncompleted building thereon and
Presiding Judge:TWENEBOA-KODUA, J.A.
Coram:TWENEBOA-KODUA, ADDO, QUAYE
187    GHANA TELECOMMNICATIONS LTD VRS U. T. BANK LTD.
Sometime in 2009, the Plaintiff entered into an agreement with a Company called THYWILL BUESINESS AND INVESTMENT CONSULTANTCY CO. LTD. (herein THYWILL CO.) under which the latter was appointed a distributor of the Plaintiff’s Products in the Volta Region of Ghana.
Presiding Judge:RICHARD ADJEI-FRIMPONG
Coram:RICHARD ADJEI-FRIMPONG
188    GHANA TROPICAL TIMBER LIMITED VRS. FOREST BUSINESS CONSULTANCY and HENRY KWABENA KOKOFU
Presiding Judge:MRS. JUSTICE GERTRUDE TORKORNOO
Coram:MRS. JUSTICE GERTRUDE TORKORNOO
189    GLADYS AKU AGBENU ... DEFENDANT/RESPONDENT/APPELLANT VRS IN THE MATTER OF THE ESTATE OF ROBERT AGBENU (DECEASED) AND IN THE MATTER OF GODWIN AGBENU ... PLAINTIFF/APPELLANT/RESPONDENT
Practice and Procedure - Appeal - Dispute over Landed Property - Circumstances which Appellate Court can upset findings of Trial Court - Evidence - S.80 of NRCD323 - Factors for Evaluation of Evidence - Whether Trial Judge rightly admitted evidence
Presiding Judge:ATUGUBA J.S.C
Coram:AKUFFO (MS),J.S.C.,ANSAH,J.S.C.,OWUSU (MS),JSC,BAFFOE-BONNIE,JSC
190    GLADYS AKU AGBENU VRS IN THE MATTER OF THE ESTATE OF ROBERT AGBENU(DECEASED) AND IN THE MATTER OF GODWIN AGBENU
ATUGUBA JSC: This is an appeal by special leave of this court from the judgment of the Court of Appeal reversing the judgment of the Circuit Court; Accra presided over by His Honour Judge G.K.Minta 2 The facts of the case as stated by the Court of Appeal per Quaye J.A. are as follows:
Presiding Judge:ATUGUBA, J.S.C
Coram:ATUGUBA, AKUFFO (MS), ANSAH, OWUSU (MS), BAFFOE-BONNIE
191    GLADYS AMPOFO vrs. THE REPUBLIC
FORSTER, J.A.: The appellant a Ghanaian by birth was resident in Netherlands and held a Foreign Passport. On 4/8/93 she was travelling by air back to the Netherlands, when she was searched at the last check point at the Kotoka International Airport, Accra
Presiding Judge:AMUAH, JSC
Coram:AMUAH, FOSTER, BENIN
192    GLADYS DORMAN, ABIGAIL QUAINOO vrs. DIANA FENNING, ARNOLD QUARTEY
AMONOO-MONNEY, J.A.- The parties in this case are all blood relations. The two respondents are sisters. The first appellant is the grandaunt of the respondents, the second appellant is the uncle of the respondents and nephew of the first appellant. 2. On 22nd June, 1998 the respondents, as plaintiffs, sued out a Writ of Summons against the appellants, as defendants, in the Circuit Court, Accra claiming – “(a) Declaration that H/No. A. 234 West Korle Gonno now known as H/No. A. 630/3 Mamprobi, Accra is family property and the Plaintiffs and their siblings have a right to stay (sic) in said house.
Presiding Judge:ANSAH, J.A.
Coram:ANSAH, AMONOO-MONNEY, TWENEBOA-KODUA
193    GLADYS MENSAH --- PETITIONER/RESPONDENT/RESPONDENT VRS STEPHEN MENSAH --- RESPONDENT/APPELLANT/APPELLANT
Family Law - Husband and Wife - Divorce - Distribution of Property acquired during the subsistence of marriage - Principle of distribution of marital property - Wife entitled to an equal share of property due to the Equality principle - Constitution 1992, arts. 22(3) and 33(5) - Matrimonial Causes Act 1971, s. 20 Evidence - Burden of proof - Discharge of burden - Onus on petitioner to adduce evidence - Failure to do so not a bar to using respondent's evidence - Evidence Act 1975, ss.10 and 14
Presiding Judge:AKUFFO (MS), J.S.C.
Coram:DATE-BAH JSC, ADINYIRA (MRS) JSC, DOTSE JSC, AKOTO-BAMFO (MRS.) J.S.C
194    GLOBAL MARKETFLEX LIMITED VRS. GHANA TELECOMMUNICATIONS CO. LTD
Presiding Judge:BARBARA ACKAH-YENSU
Coram:BARBARA ACKAH-YENSU
195    GODFRED OCANSEY vrs. THE REPUBLIC
APALOO JA; In this appeal, the appellant Godfred Ocansey is seeking the reversal of his conviction by the High Court Accra dated 30/4/2009. The High Court upon conviction sentenced the appellant to a term of 7 years IHL in respect of Count 1 and for Count 2 he was to serve 3 years.IHL. Both sentences were to run concurrently.
Presiding Judge:APALOO, J.A.
Coram:APALOO, MARFUL SAU, ACQUAYE
196    GODFRED SAMMY AMISSAH vrs. THE REPUBLIC
OFORI-BOATENG, J.S.C: This is an appeal from the High Court, Kumasi. The facts are that the appellant, Mr. Godfred Sammy Amissah and the deceased, Miss Lydia Akoto Frimpong were lovers. The deceased was about four and a half months pregnant with the appellant. One morning at about 8.OOam on 10th January, 1994 the appellant went to the house of the deceased for a brief period. Nobody heard of what transpired between them. The appellant was not his usual self.
Presiding Judge:OFORI-BOATENG, J.S.C
Coram:OFORI-BOATENG, BADDOO, GBADEGBE
197    GRACE AYELEY WELBECK vrs.GRACE OKAIKAI OKAI
PIESARE, J.A. - This is an appeal filed by the defendant/appellant against the decision of the High Court dated 3rd May, 2002, delivered by Mrs. Vida Akoto Bamfo (J), as she then was, against the defendant/appellant herein. Three grounds of Appeal were filed, and argued together. No further grounds were filed. The three grounds of appeal are: (1) The judgment is against the weight of evidence. (2) The learned trial judge failed to give adequate consideration to the case of the Defendant/Appellant. (3) The learned trial judge erred in law in setting aside the sale of the property the subject matter of the suit to the
Presiding Judge:OWUSU, J.A.
Coram:OWUSU, PIESARE, ANIN YEBOAH
198    GUARANTY TRUST BANK LIMITED VRS 1. HON. PAUL COLLINGS APPIAH-OFORI 2. THE SPEAKER OF PARLIAMENT
The plaintiff entered into a loan agreement with defendant on 19th June 2007, by the terms of which the plaintiff granted the defendant a loan facility of GH¢30,000. Defendant was to pay only interest on the loan sum for the 20 month loan period and pay the full sum at the end of it.
Presiding Judge:GERTRUDE TORKORNOO
Coram:GERTRUDE TORKORNOO
199    GULF CONSOLIDATED LTD VS GHANA INVESTMENT PROMOTION CENTRE
The Plaintiff in this case, Gulf Consolidated Ltd is the owner of a building complex popularly called “THE GULF HOUSE ANNEX”, situate in Accra. By a tenancy agreement made on the 19th of August 2008, the parties herein went into a Landlord – Tenant relationship over this property
Presiding Judge:RICHARD ADJEI-FRIMPONG
Coram:RICHARD ADJEI-FRIMPONG
200    GYAMFI AND ANOTHER v. OWUSU AND OTHERS [1981] GLR 612-633, Court of Appeal
CHARLES CRABBE J.S.C. This appeal arises out of three cases consolidated into one. The actions were instituted for the recovery of about ¢1.5 million. It is in respect of compensation paid by the Government of Ghana for the "acquisition" of certain lands for the creation of a national park and a game reserve. The lands are on the Afram Plains in the Ashanti Region. The lands acquired formed part of the area known as the Digya-Kogyae
Presiding Judge:ARCHER, J.S.C.
Coram:ARCHER, CRABBE, MENSA BOISON
201    H. F. C. BANK LTD VRS JAMES OKYERE & CO. LTD. & ANOR
This is an application by the Plaintiff/Applicant for Judgment on admission pursuant to order 23 rule 6 (2) of the High Court (Civil Procedure) Rules C. I. 47. The Plaintiff Applicant
Presiding Judge:RICHARD ADJEI-FRIMPONG
Coram:RICHARD ADJEI-FRIMPONG
202    HAJAARA FARMS LTD ... PLAINTIFF/RESPONDENT/RESPONDENT VRS SOCIETE GENERALE-SOCIAL SECURITY BANK ... DEFENDANT/APPELLANT/APPELLANT
Contract - Tort - Concurrent liability in both contract and tort - Discharge of contract by breach -Effect of matured rights and obligations under discharged contracts - Whether further damages may be awarded after award in tort - Principle of unjust enrichment.
Presiding Judge:ATUGUBA ,J.S.C
Coram:DATE-BAH,J.S.C., ANSAH,J.S.C., BONNIE,JSC,AKOTO BAMFO (MRS),JSC
203    HANNA BASSAM vrs. GEOFFREY NYARI, HULL BLYTH GHANA LTD
ANIM, J.A.: - The Defendants/Appellants hereinafter referred to as "The Defendants", aggrieved by and dissatisfied with the judgment of the High Court, Sekondi, given on 18th February 2005, have appealed to this Court. In the Notice of Appeal filed on 28/4/2005 two grounds of Appeal were filed as follows, namely:- [a] That the general damages of ¢55,000.000.00 under paragraph 2 above are too excessive in the circumstance.
Presiding Judge:ASARE KORANG, J.A.
Coram:ASARE-KORANG, PIESARE, ANIM
204    HAWA ADAMU vrs. JAFA ADAMS
KANYOKE, J.A.:The Plaintiff/Appellant in this case complains of a Judgment of the High Court, Accra, declaring the Defendant/Respondent the owner of H/no. C.444/10, formerly H/No. C.13.13 Kotobabi, Accra. I shall hereafter use the titles of the Plaintiff and the defendant which the parties had at the trial. I may also add that the PlaintiiI and the defendant are according to the evidence on the record a sister and a brother respectively. he pleading and contention of the Plaintiff at the court below ...
Presiding Judge:KANYOKE, J.A.
Coram:KANYOKE, KUSI-APPIAH, APALOO
205    HENRY ADDO VRS. GLADYS TENI ABULU
Presiding Judge:BARBARA ACKAH-YENSU
Coram:BARBARA ACKAH-YENSU
206    HENRY KWAKU OWUSU vrs. THE REPUBLIC
GYAESAYORJ.A: This is an Appeal against the decision of November, 2008. In this appeal challenges his conviction and also appeals against sentence imposed on him by the Regional Tribunal.
Presiding Judge:KANYOKE , J.A.
Coram:KANYOKE , GYAESAYOR , ADUAMA OSEI
207    HENRY LARYEA MENSAH PER HIS LAWFUL ATTORNEY PERCY BOAMAH VRS NANA KWADWO OFOSU-AYEH
The Plaintiff originally sued per a lawful Attorney but subsequently amended the writ to proceed with the case in his own stead. His case in brief is that he sold a Caterpillar 325 BL to the Defendant on “as is” basis for the sum of 90,000 USD. Sometime in April 2010, the Defendant paid 40,000 USD leaving a balance of 50,000 USD
Presiding Judge:RICHARD ADJEI-FRIMPONG
Coram:RICHARD ADJEI-FRIMPONG
208    HOTEL CHEZ MOI VRS UNIBANK GHANA LIMITED
In the December 1956 Legal Aid Briefcase Volume 15, page 75, Associate Supreme Court Justice Brennan is quoted as saying in the paper ‘The Community’s Responsibility for Legal Aid’ ‘Nothing rankles more in the human heart than a sense of injustice. Illness we can put up with; but injustice makes us want to pull things down’.
Presiding Judge:GERTRUDE TORKORNOO
Coram:GERTRUDE TORKORNOO
209    HOTEL CHEZ MOI vrs. UNIBANK [GH] LIMITED, F.O. SQUIRE
APALOO, J.A.:- This appeal emanates from the judgment of the High Court Accra dated 10th May 2007. The facts leading to the decision of the lower court are not in dispute. The Plaintiff/Appellant (hereinafter referred to as Appellant) became indebted to the 1st Defendant/Respondent a Bank (hereinafter referred to as the 1st Respondent), consequently it sued in the High Court Accra and obtained judgment against the
Presiding Judge:QUAYE, J.A.
Coram:QUAYE, DOTSE, APALOO
210    IAN WILSON SMITH VRS HYSEN GHANA LTD
Hysen Ghana Ltd, the Defendant in this case is a Limited Liability Company in Ghana engaged in the Information and Communication Technology (ICT) Business. The Plaintiff was appointed the Managing Director of the Company sometime in January 2005 which duty he assumed in March 2005.
Presiding Judge:RICHARD ADJEI-FRIMPONG
Coram:RICHARD ADJEI-FRIMPONG
211    Ibrahim Razak, Kennedy Yamoah vrs. The Republic
ACQUAYE JA: This is an appeal by the two accused persons against their conviction and sentence by the Trial High Court sifting at Sekondi on 7th December 2005 on three counts of robbery. The facts of the case are that the complainants lived in three houses situate about 100 meters apart at West Anaji in Takoradi. On 27th July 2005 at about :1.00am armed men one of whom wore a face mask attacked the
Presiding Judge:QUAYE, J.A.
Coram:QUAYE, ACQUAYE, HONYENUGAH
212    IFS FINANCE & LEASING COMPANY LIMITED VRS 1. CYNTHIA ASANTEWAA OSEI KOFI 2. NANA OSEI BONSU OKOAWIA
Presiding Judge:RICHARD ADJEI-FRIMPONG
Coram:GERTRUDE TORKORNOO
213    IGNATTUS ABABILA ABABAGRE & ANOR. vrs. THE PEOPLE
Presiding Judge:OFORI-BOATENG, J.A.
Coram:OFORI-BOATENG, BROBBEY, LARTEY
214    IMEXCO GHANA LIMITED VRS. DASHWOOD STEVEDORING CO. LTD.
The legal issues raised in contention in this case are firstly, the capacity of the plaintiff to sue the defendant when there is no direct contractual relation between them and secondly, liability for negligence alleged after professional work has been satisfactorily accepted by the employer in a stevedoring contract.
Presiding Judge:GERTRUDE TORKORNOO
Coram:GERTRUDE TORKORNOO
215    IN RE AGYEPONG (DECD.); POKU v. ABOSI AND ANOTHER [1982-83] GLR 254-276, Court of Appeal
FRANCOIS J.A. I agree with the judgment of the learned president, but out of respect for the trial judge from whom we are differing, I would like to add a few words of my own on the appellant's status. The confirmation of the decision of the High Court, Kumasi by the Court of Appeal, established conclusively the appellant's interest in the deceased's estate qua widow. The failure of the caveators to challenge the appellant's capacity when opportunity
Presiding Judge:JIAGGE, J.A.
Coram:JIAGGE, FRANCOIS, MENSA BOISON
216    IN RE APPAU (DECD); APPAU v. OCANSEY [1993-94] 1 GLR 146-159, Court of Appeal
BROBBEY J.A. One Isaac Nkansah Appau died intestate on 6 January 1988. He left behind a widow with whom he had three children and a fourth child by another woman. All the children were minors when he died. Not long after he had died, his brother sold two cars belonging to the deceased. On 7 June 1988 his widow applied for letters of administration to administer the estate of the late Appau. On the same day, she filed an [p.149] application in the High Court, Kumasi for the brother to be punished for intermeddling in the estate. Exactly two days after those applications had been filed, the brother too filed an application for the grant of letters of administration in respect of the same estate.
Presiding Judge:LAMPTEY, J.A.
Coram:LAMPTEY, BROBBEY, FORSTER
217    IN RE ASANTE (DECD.); ASANTE AND ANOTHER v. OWUSU [1992] 1 GLR 119–129, Court of Appeal
ESSIEM J.A. The late Major (Rtd.) Kwame Asante died leaving a widow whom he had married under the Marriage Ordinance, Cap. 127 (1951 Rev.). As it is well known the said Ordinance governs monogamous marriages. It appears from the evidence that the late Major (Rtd.) Asante did not observe the strict monogamous nature of the type of marriage he engaged in because he had issues with other women. One of such women is the respondent in this appeal.
Presiding Judge:ESSIEM, J.A.
Coram:ESSIEM, ADJABENG, FORSTER
218    IN RE ESSUMAN (DECD.); ESSUMAN AND ANOTHER v. TESCHMAKER [1967] GLR 359-366
AZU CRABBE J.A. The proceedings in this case were commenced with an application ex parte filed by the plaintiffs in the High Court, Sekondi, for conditional grant of letters of administration to them jointly in respect of the estate of Joseph Annu—Essuman, deceased, who died at Elmina on 18 June 1960. The application was granted on 22 May 1961, but on 1 June 1961, a caveat was entered by the defendant, who claimed to be the widow of the late Joseph Annu — Essuman,
Presiding Judge:AZU CRABBE, J.A.
Coram:AZU CRABBE, OLLENNU, APALOO
219    In re Gyan-Fosu (Decd.); Boafo v. Akwatia- Pekok III [1974] 1 GLR 145, Court of Appeal
Sowah J. A. delivered the judgment of the court. The short facts of this case are that after the death of one Kwaku Gyan-Fosu also known as Nana Afriyea Ababio, Krapahene, in 1963, the royal family of the Krapa stool elected his cousin Akua Kunadu as his successor and authorised her to apply for letters of administration to administer his estate which she accordingly did.
Presiding Judge:SOWAH, J.A.
Coram:SOWAH, KINGSLEY-NYINAH, KORANTENG-ADDOW
220    IN RE LARBI (DECD.); LARBI AND ANOTHER v. LARBI [1977] 2 GLR 506-512, Court of Appeal
ARCHER J.A. The father of the late Ansah Obuadabang Larbi was an Akwapim man from Larteh where succession is patrilineal. The present appellant is the mother of the deceased and she is a Fante from Saltpond where succession is matrilineal. The late Larbi before his death was married under the Marriage Ordinance, Cap. 127 (1951 Rev.), and was survived by his widow and one issue and as such by virtue of the provisions of section 48 of the Marriage Ordinance, Cap. 127 (1951 Rev.), two-thirds of his estate would devolve on his widow and issue and one-third to his family according to customary law.
Presiding Judge:ARCHER, J.A.
Coram:ARCHER, ANIN, ANNAN
221    IN RE YENDI SKIN AFFAIRS; YAKUBU II v. ABUDULAI [1984-86] 2 GLR 231-238, Court of Appeal
Adade J.S.C. delivered the ruling of the court. Civil motion No. 9/85 is an application by Na Yakubu II, the appellant herein, for an order that execution of the judgment of the Court of Appeal (see In re Yendi Skin Affairs; Abudulai v. Yakubu II [1984-86] 2 G.L.R. 189, C.A.) be stayed pending appeal. It is brought under rule 20 of the Supreme Court Rules, 1970 (C.I. 13). Civil Motion No. 13/86 is an application by Mahamadu Abudulai, the respondent in the appeal, asking this court to restrain, by injunction, Na Yakubu II, the appellant:
Presiding Judge:ADADE, J.S.C.
Coram:ADADE, FRANCOIS, OSEI-HWERE, AMUA-SEKYI, AMPIAH
222    IN THE MATTER OF THE REPUBLIC VRS AUTOMATED FAST TRACK HIGH COURT NO.4(ACCRA) - RESPONDENT EX-PARTE: STATE HOUSING COMPANY LTD - APPLICANT MRS. DINAH KORANTEN AMOAKO - INTERESTED PARTY
Supervisory jurisdiction of court - certiori to quash judgment of High Court delivered on 20th March, 2008 - whether judgment of trial court on 25th October,2007 interlocutory or final - whether application time barred - scope and effect of Supreme Court rules C.I. 16 Rules 61 & 62 as amended by Supreme Court (Amendment) rules 1999, C.I. 24 - date of first accrual of cause of action - rule not intractable.
Presiding Judge:WOOD C.J
Coram:BROBBEY JSC, DOTSE,JSC, ANIN YEBOAH,JSC, BAFFOE-BONNIE JSC
223    INKUMSAH v. THE REPUBLIC [1967] GLR 776-785, Court of Appeal
Azu Crabbe J.A. delivered the judgment of the court. On 7 November 1967, we upheld an objection that this court had no jurisdiction to entertain this appeal, and we accordingly dismissed it and intimated that we would give our reason later. We now proceed to state those reasons.
Presiding Judge:AZU CRABBE, J.A.
Coram:AZU CRABBE, APALOO, LASSEY
224    INSPECTOR PATRICK MARMAH vrs. THE REPUBLIC
BADDOO, J.A.: The appellant was convicted by the National Public Tribunal on 9th of April 1987on two counts of Conspiracy to steal and stealing, 78 sticks of cigarettes, suspected to contain narotic drugs which were exhibited in a case.
Presiding Judge:
Coram:
225    INSPECTOR PATRICK MARMAH vrs. THE REPUBLIC
BADDOO, J.A. : The appellant was convicted by the NATIONAL PUBLIC TRIBUNAL on the 9th of April 1987 on two counts of CONSPIRACY to steal and stealing, 78 sticks of cigarettes, suspected to contain narcotics drugs, which were exhibits in a case.
Presiding Judge:BADDOO, J.A.
Coram:BADDOO, FORSTER, AFREH
226    INTER -AFRIQUE HOLDING LTD VRS TSAKOS SHIPPING & TRADING LTD.
It will be useful to recount the background events culminating in this suit. From the record before me this is the parties’ third encounter in the corridors of the High Court seeking to have justice administered. The Defendant Company
Presiding Judge:RICHARD ADJEI-FRIMPONG
Coram:RICHARD ADJEI-FRIMPONG
227    INTER-CON S ECURITY SYSTEMS GHANA LTD VRS. STAR ASSURANCE COMPANY LIMITED
Presiding Judge:BARBARA ACKAH-YENSU
Coram:BARBARA ACKAH-YENSU
228    INTERCONTINENTAL BANK GHANA LIMITED VRS PENN UNION INVESTMENTS LTD, KWESI DSANE -SELBY, DAVID SAMUELS, KWESI AHOMKA -LINDSAY
Presiding Judge:BARBARA ACKAH-YENSU
Coram:BARBARA ACKAH-YENSU
229    INTERWORLD PRODUCTS [GH] LTD. vrs. LAVA LIMITED
TWUMASI, J.A. : The central issue in this appeal as indeed it was rightly found by the learned trial Judge, is whether the respondent [defendant at the court below] is passing off its electric fans as those of the appellant, plaintiff in the said court, by similarity of the get-up of the disputed fans. The plaintiff’s case was that it had for a considerable length of time been selling a type of electric fan with the name “Binatone” but that quite recently the respondent has been dealing in a fan named “MIKACHI” but the get-up is similar to the appellant’s fan.
Presiding Judge:TWUMASI, J.A.
Coram:TWUMASI, OMARI SASU, OSEI
230    ISAAC DZAKPOE AND 5 OTHERS vrs. THE REPUBLIC
MRS. WOOD, J.A.: All the six appellants were, on the 29th of August 1996 convicted of the offence of “offensive conduct conducive to breaches of the peace” and “causing unlawful damage”. The 4th and 6th appellants succeeded in having their convictions with respect to the latter set aside.
Presiding Judge:WOOD, J.A.
Coram:WOOD, BROBBEY, BENIN
231    ISAAC K.B. ASIAMAH vrs. BRIGHT MORDO, H.T. ADJIRACKOR
QUAYE:- The facts herein are quite simple. The pleadings and later, the evidence, show that on 23rd October 1993 at about 4.00 p.m., the plaintiff, as owner of a Sunbeam Taxi-cab with registration number AK 5843, was driving along the 37 Military Hospital/Kotobabi/Achimota highway from the direction of the 37 Military Hospital. On reaching a spot at Dzorwulu, a Peugeot, 504 Saloon car with registration number GZA 4843 bumped into the rear of the Sunbeam taxi cab with such force that the taxi-cab
Presiding Judge:ASARE KORANG, J.A.
Coram:ASARE KORANG, QUAYE, DUOSE
232    ISAAC KWESI YEBOAH ... PLAINTIFF/RESPONDENT VRS 1. GODWIN AHELE a.k.a. MR.AGO ... DEFENDANT/APPELLANT 2. AGNES NARTEY ... 1ST CO-DEFENDANT/APPELLANT 3. CLIFFORD ARMAH ... 2ND CO-DEFENDANT/APPELLANT
Land Law - Title to land - ss. 166 & 168 Evidence Act, 1975 (NRCD 323) - Photocopy of document good as original - Onus on appellants to properly demonstrate lapses in judgment - Whether trial court relied on forged documents - s. 24(1) Land Registry Act, 1962 (Act 122) - Non registration of document and consequences.
Presiding Judge:MARIAMA OWUSU,J.A.
Coram:ISAAC DUOSE,J.A., C.J. HONYENUGA,J.A.
233    JAAS CO. LIMITED,TOGBE HORNOMENU vrs. EDWARD APAU,MADAM AKUA ACHEMPOMAA
JONES DOTSE (J.S.C) The facts in this appeal admit of no controversy whatsoever. The Plaintiff/Appellant and Co-Plaintiff/Appellants hereinafter referred to as the 1st and 2nd Appellants claimed in their amended writ of summons in the High Court, against the Defendant/Respondent and later the Co-Defendant/Respondent hereinafter also referred to as the 1st and 2nd Respondents respectively, the following reliefs:
Presiding Judge:AKUFFO, J.S.C.
Coram:AKUFFO, DATE-BAH, ADINYIRA , OWUSU, DOTSE
234    JACK HAMELRIJK, MARY TENKORANG vrs. NANIKRAM SHENAKRAM MUKHI
QUAYE, J.A. - This appeal is from the judgment of the High Court, Accra, delivered on 31st July 1998 in favour of the plaintiffs therein, who are respondents in this appeal. The facts of this action as appear from the record of appeal are that the respondents herein, had, in an earlier action in the High court, which was better identified as Suit No.
Presiding Judge:ARYEETEY, J.A.
Coram:ARYEETEY, QUAYE, ANIM-YEBOAH
235    JANET OWUSUA vrs.THEOPHILUS AKOTUA
APALOO, J.A. - This is an appeal and cross appeal from the decision of the High Court Koforidua presided over by Marful-Sau J. The judgment is dated 30th July 2004. The facts and area of contention are simple and straightforward. The parties were married under customary law on 9th September, 1984 at Moseaso Akyem in the Eastern
Presiding Judge:OWUSU ANSAH, J.A
Coram:OWUSU ANSAH, PIESARE, APALOO
236    JOE ANAGBO & ANNOR, EDINA POORT & ANNOR
TWUMASI, J.A - This is an appeal from a judgment of the High Court Accra, delivered on the 11th January 1999. The Plaintiffs/Respondents sued the 1st Defendant! Appellant and one other who has abandoned his appeal for the following reliefs:- (a) US$14,363.68 being the balance of the purchase price of 80 drums of Ethyl Alcohol sold and delivered by Plaintiffs to the Defendants. (b) Interest on the said amount at the current bank rate. The Plaintiffs/Respondents claimed that the two Defendants, owed them the amount of money stated in the writ jointly and severally on the basis of an agreement entered into between the respondents as suppliers of certain items of alcohol from Germany to Ghana
Presiding Judge:TWUMASI, J.A.
Coram:TWUMASI, OWUSU-ANSAH, ANIM-YEBOAH
237    JOHN AMMAH TAGOE vrs. MOBIL OIL [GH.] LTD.
QUAYE, J.A. - The facts in this appeal per se, are not in controversy. The plaintiff/appellant is one of a total number of fifteen children who survived their father Jonathan Teiko Ammah, late deceased. The said father of the plaintiff and his siblings, in 1959 executed a lease of the
Presiding Judge:ARYEETEY, J. A.
Coram:ARYEETEY, TWENEBOA-KODUA, QUAYE
238    JOHN BART ADDISON --- PLAINTIFF/APPELLANT VRS HANNA KORDAI ADDY --- DEFENDANT/RESPONDENT
Land law - Lease - Oral Agreement - ss.1,2,3 & 10 Conveyancing Decree,1973
Evidence - Burden of proof - ss.10 (1) (2),11 (1),12 (1) (2) Evidence Act,1975 (NRCD 323)

Presiding Judge:M. OWUSU (MISS) J.A.
Coram:DUOSE, J.A., HONYENUGA, J.A.
239    JOHN K. A KLU vrs MAVIS DARKO, DR. KOFI KONADU APRAKU ..
ATUGUBA, J.S.C: FACTS OF THE CASE The Plaintiff / Respondent / Appellant (herein-after referred to as the plaintiff) and codefendant/ appellant/respondent (herein-after called the co-defendant) assert rival titles to plot no. 234 block 8 Section 114 situate at La-Bawaleshi (East Legon).
Presiding Judge:ATUGUBA, J.S.C.
Coram:ATUGUBA, ANSAH, ADINYIRA (MRS), OWUSU (MS), BAFFOE-BONNIE
240    JOHN K.A. KLU vrs. MAVIS DARKO, DR. KOFI APRAKU
OMARI-SASU, J.A. The Appellants have filed grounds of appeal and additional grounds and these have been strenuously argued. The Respondent who was Plaintiff in the court below and in whose favour the trial court gave judgment has equally argued in support of the judgment of the trial Circuit Court.
Presiding Judge:FARKYE, J.A.
Coram:FARKYE, OMARI-SASU, ANIN AKWA
241    JOHN S. BARNES vrs. JAMES AHALIGAH , KOFI SAMUEL AVUSU ]
PIESARE, J.A. - This is an appeal against the judgment of the Sekondi High Court, dated 8th February, 2002, delivered by Dzamefe (J). There are three original grounds of appeal viz: (a) The Learned Trial Judge erred in law by failing to consider the evidence of negligence. (b) The Learned Trial Judge erred in law when he awarded an amount of ¢55 million as the
Presiding Judge:PIESARE, J.A.
Coram:ADINYIRA (MRS), PIESARE, KANYOKE
242    JONATHAN DEY vrs. THE REPUBLIC
FORSTER, J.A.:— The appellant was a Storekeeper of a shop owned by the complainant, Mrs. Bertha Nunyuie, at Ho. The goods sold at the shop included cement and, drinks. The appellant was charged in one count for stealing the sum of ¢4,999,400.00 and ¢2,224,600.00 being the proceeds from the sale of cement and drinks respectively.
Presiding Judge:FORSTER, J.A.
Coram:FORSTER, BENIN, ARYEETEY
243    JOSEPH KOJO DAWSON --- APPELLANT VRS THE REPUBLIC --- RESPONDENT
Criminal law - Use of property for Narcotic Offences - s.10(1)(b) Narcotic Drug (Control,Enforcement and Sanctions) Law 1990, PNDCL 236 - Submission of no case - ss. 173 & 174 Criminal Procedure Code, Act 30 - Whether prosecution had established prima facie case - s.10 (1)(b) PNDCL 236 - s.11 Evidence Act, NRCD 323 - Trial judge's duty to call upon appellant to open defence - Whether trial judge denied appellant presumption of innocence.
Presiding Judge:APALOO,J.A
Coram:ACQUAYE,J.A, ADUAMA OSEI,J.A
244    JOSEPH KOW GHUNNY, KWESI ABEKA-KWANSAH vrs. THE REPUBLIC
ESSILFIE-BONDZIE J.A.:— The appeal was lodged by the two appellants against their conviction and sentence by the National Public Tribunal on the 20th January 1989: The 1st appellant however died before the appeal could be heard. His appeal therefore abated on his death. The only appeal before the court is that of the 2nd appellant (who will hereafter be referred to as the 2nd accused) the 2nd accused was charged with
Presiding Judge:WOOD, J.A
Coram:WOOD, ESSILFIE-BONDZIE, BROBBEY
245    JOSEPH YAW NIMO vrs. THE REPUBLIC
BROBBEY, J.A.: The facts which gave rise to this case were as follows: The appellant was a driver’s mate to a commercial vehicle. It used to ply between Obuasi and Jacobu. On 13th January, 1987, one Kwame Dua Adu joined the vehicle at Jacobu. At.a place called Jasikasu junction.
Presiding Judge:WOOD, J.A.
Coram:WOOD, BROBBEY, ESSILFIE-BONDZIE
246    JOWAK SAWMILLS vrs. HON. ATTORNEY-GENERAL, OMEGA WOOD PROCESSING
PIESARE, J.A.:- This is an interlocutory appeal from the Ruling of High Court (Commercial Division) Accra, dated 11th October, 2005. The plaintiff-appellant, being aggrieved and dissatisfied with that Ruling against it, brought this appeal upon the following grounds:- (a) The ruling is against the weight of evidence.
Presiding Judge:PIESARE, J.A.
Coram:PIESARE, DOTSE, DUOSE
247    JUSTICE AWUKU-SAO vrs.GHANA SUPPLY COMPANY LTD
ADINYIRA (MRS), J.S.C:- This is an appeal against the judgment of the Court of Appeal dated 4 February 2005 affirming an earlier judgment of the High Court Accra dated 1 March 2004 dismissing the action of the plaintiff/appellant ( hereinafter plaintiff.) The grounds of appeal are: 1. The Court of Appeal erred in upholding the finding made by the learned trial judge that the comments submitted by
Presiding Judge:BROBBEY, J.S.C.
Coram:BROBBEY, ANSAH, ADINYIRA (MRS), DOTSE, ANIN YEBOAH
248    K. AMISSAH KOOMSON H/N0. 216 Baba Yara Madina, Accra --- PLAINTIFF VRS GHANA REVENUE AUTHORITY Customs Division 28th February Road Ministries,Accra. --- DEFENDANT
Pensions - Entitlements - Terminal Benefits - Plaintiff suing for accrued entitlements for thirty-three and half years of service - whether defendant has breached conditions of service with regards to plaintiff's entitlements.Land Law - Title Deeds - Full Payment not made - Requirement for full payment.
Presiding Judge:JUSTICE E.A. ASANTE
Coram:
249    K.T.B.A. GHANA LTD. Vrs. STATE INSURANCE CORP. GH. LTD.
OMARI SASU J.A.: This is a case in which the Plaintiffs\Respondents (who shall henceforth be referred to simply as “The Respondents”) sued the Defendants\Appellants (who shall henceforth be referred to simply as “The Appellants”) in the High Court, Accra in August 2002 for the following reliefs: “ (a) Recovery if an amount of ¢553,908,500.00.
Presiding Judge:OMARI-SASU, J.A.
Coram:OMARI-SASU, OWUSU-ANSAH, OSEI
250    KASAPREKO COMPANY LTD. VS EMMANUEL LARYEA
The Plaintiff is a Limited Liability Company widely known to be engaged in the wholesale production, manufacturing and distribution of alcoholic beverages and other allied products. Following series of allegations of infringement of its trademark by the defendant
Presiding Judge:RICHARD ADJEI-FRIMPONG
Coram:RICHARD ADJEI-FRIMPONG
251    KOBINA AMUA-SEKYI & ORS vrs. THE REPUBLIC
Upon conviction the first appellant was fined ¢3 million cedis or in default five years imprisonment with hard labour In addition his property was confiscated. The appellant filed Notice of Appeal on 24th March, 1993 and in July, 1993 the Tribunal ceased to exist. On 17th October, 1993 the 1st appellant died before he could pursue the appeal Probate of the Will was granted to Executors Exhibit A.
Presiding Judge:AMUAH, J.A.
Coram:AMUAH, ACQUAH, BADDOO
252    KOFI ANIM AKUAMUAH DARTEH & ORS. vrs. VINCENTIA ASANTE, ALHAJI ASUMA ABUBANDA
R.C. OWUSU, J.A. -The Plaintiffs\ Applicants are in this application, praying for an order of stay of Execution of the ruling of His Lordship Asare Korang J(as he then was) dated 14th May 2002 and by necessary implication, the Judgement of the Accra High Court dated 13th June, 1995 in suit No. 657\94 between Vincentia Asante and Grace Osafoa Akuamoah Darteh and Another , pending appeal against the ruling of 14th May 2002.
Presiding Judge:OWUSU (MS), J.A
Coram:OWUSU (MS) , AKAMBA, ANIN-YEBOAH
253    KOFI APPENTENG AND ANOR VRS. STEPHEN APPENTENG AND ORS.
Presiding Judge:RICHARD ADJEI-FRIMPONG
Coram:RICHARD ADJEI-FRIMPONG
254    KOFI ASIEDU --- APPELLANT VRS THE REPUBLIC --- RESPONDENT
Criminal Law - Robbery - Appellant convicted for robbery - Proof of ingredients of robbery - Whether explanation offered by appellant sufficient to negate robbery - Whether failure to prove ingredients of robbery constitute serious miscarriage of justice - Criminal Offences Act, ss. 149&150
Jurisdiction - Appellate Court - Power to set aside a higher offence and substitute with a lesser one - Criminal and Other Offences (Procedure) Act, s.154 - Courts Act, 1993,s. 11(9)

Presiding Judge:S.E. KANYOKE,J.A
Coram:K.N. ADUAMA OSEI (JA), DENNIS D. ADJEI (JA)
255    KOFI DADIE vrs. THE REPUBLIC
SOPHIA ADINYIRA (Mrs.) JSC: The main issue for consideration in this case is the principle of inconsistency in the result of a trial by jury of two or more persons tried on the same charge and the same evidence adduced at the trial. The appellant herein Kofi Dadie was on the 31 July 2002 convicted by a Kumasi High Court for the murder of Samuel Tuffuor alias Kofi Sammy and sentenced to death. He was originally charged with three others, 1st, 3rd and 4th accused (hereinafter described as A1, A3, and A4 where necessary)) with the offences of:
Presiding Judge:ADINYIRA (MRS), J.S.C.
Coram:ADINYIRA (MRS), ASIAMAH, PIESARE
256    KOJO ANYANFUL --- PETITIONER/APPELLANT VRS THERESA ANYANFUL --- RESPONDENT/RESPONDENT
Family Law - Husband and wife - Dissolution of marriage - Grounds upon which divorce petition is granted by the court - Petitioner to adduce strong and weighty evidence to show marriage has broken down beyond reconciliation - Matrimonial Causes Act, ss.1,2 & 3.
Presiding Judge:ABBAN, JA
Coram:DUOSE, JA, OFOE, JA.
257    KOTO KWAME AMORIM vrs GELLOQ GHANA LTD
The judgment of the Court was read by Anin Yeboah J.A., as follows - This is an appeal against the judgement of the High Court, Tema. The facts giving rise to the issue of the writ of summons herein in the court below though unhappy to relate are simple and devoid of any complexity. Victoria Koto and Emmanuel Koto both died in a road traffic accident in the Kpong-Tema Motor road as a result of which the respondent herein, Kwame Koto Amorin issued a writ in his capacity as administrator of the two estates claiming..
Presiding Judge:GBADEGBE, J.A.
Coram:GBADEGBE, ADDO, ANIM YEBOAH
258    KOWUS MOTORS VRS CHECK POINT GH. LTD. 7 ORS
ATUGUBA, J.S.C: On the 1st day of April 2008 the Defendants / Respondents herein filed an Addendum to their Statement of Case in the following terms, as far as relevant; “We seek to raise a fundamental point of law concerning the locus standi of the Plaintiff / Appellant. We submit that this legal question is substantial and could be disposed off without the need for any evidence.
Presiding Judge:ATUGUBA, J.S.C
Coram:ATUGUBA, DATE-BAH, ANSAH, ADINYIRA, DOTSE
259    KWABENA ADJEI BOADI, YAW BOADI KWARTENG vrs. AKOSUA TEMA
OWUSU, J.A. :- This is an appeal against the Judgment of His Lordship L.L. Mensah J. delivered on 6th day of December 2005 at the Fast Track High court, Sunyani. By their writ of summons, the Plaintiffs/Appellants herein, hereafter referred to as Plaintiffs claimed against the Defendant/Respondent hereafter referred to as Respondent the following reliefs: “1. A Declaration that plaintiff’s hold a valid lease in respect of all that Plot No. 5 Block Q in the Sunyani- Fiapre South lay out situate at Sunyani in the Brong-Ahafo Region.
Presiding Judge:R.C. OWUSU, J.A.
Coram:OWUSU, BAFFOE BONNIE, DUOSE
260    KWADWO ADDISON VRS. EMIRATES GHANA LIMITED
The Plaintiff sued the defendant for the sum of GH¢20,225.58 being the cost of furnishing placed in House Number 14, Orchid Gardens 4th Circular Road, East Cantonments, Accra, which Plaintiff had rented to the defendant from September 2006 to 2008 and which was furnishing removed by defendant’s employee at the end of the tenancy period.
Presiding Judge:GERTRUDE TORKORNOO
Coram:GERTRUDE TORKORNOO
261    KWAKU FRIMPONG A.K.A IBOMAN --- APPELLANT VRS THE REPUBLIC --- RESPONDENT
Evidence - Failure to call material witnesses - Evidence Act, 1975 NRCD 323 s.51(1) and (2) - Quality of evidence not quantity of witnesses important - Circumstantial Evidence - NRCD 323 s.120.
Criminal law - Conspiracy to commit crime - Criminal Offences Act,1960 Act 29 ss.23 & 149 - Robbery - Act 29 s.149 - Whether court ought to have mitigated sentence - First offender - Constitution, 1992 art. 14 (6) - Whether sentence run concurrently or consecutively - Act 30 ss.302 & 303

Presiding Judge:BROBBEY JSC
Coram:ADINYIRA (MRS.), JSC, OWUSU (MS.) JSC,DOTSE JSC,GBADEGBE JSC
262    KWAKU FRIMPONG @ IBOMAN vrs. THE REPUBLIC
Presiding Judge:KANYOKE, J.A.
Coram:KANYOKE, APPAU, ACQUAYE
263    KWAKU TAMAKLOE vrs. THE REGISTERED TRUSTEES
ANIM, J.A. - This is an appeal from the ruling of the High Court, Accra, dated 19th March 2003, presided over by Her Lordship Justice Inkumsah-Abban. The brief facts are that on 15t February 2002, the Plaintiff/Appellant (hereinafter referred to as "the Plaintiff') commenced action at the High Court, Accra, against the Defendants/Respondents (hereinafter referred to as "the Defendants). By his writ of summons the Plaintiff asked for:- (a) Damages for unlawful ejectment.
Presiding Judge:ADINYIRA (MRS), J.A.
Coram:ADINYIRA (MRS), AMONOO-MONNEY, ANIM
264    KWAME BONSU - Head of Nana Ama Serwah family Nsuase, Adum vrs. KWAME KUSI, GIFTY KUSI AMPOFOWAA
WOOD (MRS), C.J.: On the 4th of November 2009, by a majority decision of three to two, Georgina Wood CJ, Ansah and Dotse JSC, dismissed the appeal against the judgment of the Court of Appeal, and reserved our reasons. We now assign our reasons for our decision to affirm the judgment of the court below.
Presiding Judge:WOOD (MRS), C.J
Coram:WOOD (MRS), ANSAH, DOTSE, ANIN YEBOAH, BAFFOE-BONNIE
265    KWAME DAGARTI vrs. THE REPUBLIC
LAMPTEY, J.A.: On 14th December, 1984 the Appellant, Kwame Dagarti alias Bukari was found guilty of the murder of Thomas Adika and convicted accordingly. The statutory sentence of death was passed on him, He appealed to this court against his conviction and sentence on several grounds, The facts which gave rise to the prosecution of the appellant may be briefly stated as follows,
Presiding Judge:LAMPTEY, J.A.
Coram:LAMPTEY, ADJABENG, FORSTER
266    KWAME SIISI vrs. PROPHET K. BOATENG APPIMENYIM via SHAMA
ASARE KORANG, J.A.. - The Plaintiff/Respondent (Respondent for short hereinafter) describing himself as the head of the PITSIR KWAATA ANONA family of Upper Inchaban sued the Defendant, inter alia, for a declaration of title to a piece or parcel of family land called 'SANDFILED' situate AT Upper Inchaban. In his Statement of Defence, the Defendant denied that the respondent was the head of the family aforementioned and insisted that the legitimate head of family was one Ebusuapanyin Kofi Mensah, Applicant/Appellant herein (to be called the Appellant hereafter).
Presiding Judge:ASARE KORANG, J.A.
Coram:ASARE KORANG, KANYOKE, MARFUL-SAU
267    KWASI ALHASSAN vrs. THE REPUBLIC
ABBAN (MRS) J.A.: This appeal emanates from a judgment of the High Court Sekondi, dated 16th March 1993. The appellant who was arraigned before the said High court, charged with the offence of murder, was found guilty and sentenced to death. He appealed against his conviction and sentence and filed four grounds of appeal namely. (1) The conviction for murder is unreasonable and cannot be supported having regard to the evidence adduced at the trial.
Presiding Judge:AKOTO-BAMFO
Coram:AKOTO-BAMFO (MRS), ABBAN (MRS), APALOO
268    KWESI DJABA MAWUENYEGA . vrs THE REPUBLIC
AMUAH, J.A. : This is an application praying for an extension of time within which to file an appeal against the judgment entered against the appellant/applicant on 2nd day of September, 1992 by the National Public Tribunal. The Motion paper is supported by an affidavit setting out the grounds upon which the application is based. According .to the appellant/applicant he and others were arraigned before the National Public Tribunal charged with the offence of Robbery.
Presiding Judge:AMUAH, J.A.
Coram:AMUAH, BROBBEY, ESSILFIE BONDZIE
269    LAVA LIMITED Vrs. VANOS ENTERPRISE & 9 ORS.
AKOTO-BAMFO J.A. The plaintiff respondent commenced an action against the defendants appellants then numbering 11 for these reliefs; (1) mesne profits from the dates of expiry of the tenancy agreements to date of recovery of possession. (2) Recovery of possession.
Presiding Judge:AKOTO-BAMFO, J.A.
Coram:AKOTO-BAMFO, TWENEBOA-KODUA, ANIN YEBOAH
270    LEMM NORBERT VRS GEORGE BOATENG
The plaintiff’s case against the defendant is that he supplied various items to the defendant between 2006 and 2008 valued at GH¢24,545.00. He tendered exhibits A to A7 as the delivery notes signed by the defendant when the items listed thereon were supplied to and received by the defendant.
Presiding Judge:GERTRUDE TORKORNOO
Coram:GERTRUDE TORKORNOO
271    LT DAVID NAAB ARATUO vrs. THE REPUBLIC
OUAYE,JA: The appellant herein, who was a lieutenant in the Ghana Armed Forces was tried before the General Court Martial that was constituted upon the orders of Major General A.K. ABDULAI (GH/1205) the commandant of the Military Academy and Training School from 19th January 2006 for conduct which was alleged to be contrary to or an infringement of Section 54(1) of the Armed Forces Act 1962 (Act 105).
Presiding Judge: QUAYE, J.A.
Coram:QUAYE, ABODAKPI, ARYENE
272    LT JOSEPH ATO INSAIDOO (GH12925) vrs. The Republic
QUAYE,JA: The appellant herein was convicted (MATS) Accra, on gth June 2007 on charges of (1) Conduct to the prejudice of good order and discipline for improper possession of notes containing Directing Staff Solutions to 2005 Practical Promotion Examination Level A examination question. Information which had not been issued to examination candidates,contrary to Section 54(1) of the Armed Forces Act 1962 (Act 105) and
Presiding Judge:QUAYE, J.A.
Coram:QUAYE, ABODAKPI, ARYENE
273    LT(GN) S. EDMUND MENSAH vrs. THE REPUBLIC
The appellant herein was convicted on his own plea of guilty to three counts of offence that arose under Section 54(1) of the Armed Forces Act 1962 (Act 105) 16th March 2009. The chargespreferred against him were: Count One: An act to the. prejudice of good order and discipline which was based on allegation that he, on 13th July 2008 married a female other Rank, 194440 ABI Dosu Theresa at the Word Miracle Church International, Abelemkpe.
Presiding Judge:QUAYE, J.A.
Coram:QUAYE, ABODAKPI, ARYENE
274    LT. COL. ISAAC OWUSU TWUM-AMPOFO vrs MRS. ADELAIDE TWUM-AMPOFO
Presiding Judge:G.M. QUAYE
Coram:QUAYE,MARFUL-SAU,ADUAMA OSEI    
275    LT. COL. S. B. ASHUN vrs. ACCRA BREWERY LTD.
DR. DATE-BAH, J.S.C: This case, with respect, is based on a flawed conception of the nature of a contract of employment. A contract of employment is not necessarily a contract till the retirement age. As Wuaku JSC said in Nartey-Tokoli v Volta Aluminium Company [1987-88] 2 GLR 532 at p. 545, a contract of employment, though it may be for an indefinite period, does not mean life employment.
Presiding Judge:DATE-BAH, J.S.C.
Coram:DATE-BAH, ANSAH, OWUSU, DOTSE, ANIN YEBOAH
276    LT.COL. KUURE MULLER VRS MESSRS HOME FINANCE COMPANY
Contract - Breach of contract - Damages - Whether plaintiff is entitled only to $ 40,000 plus interest or entitled to current market value of house - Principle of restitutio in integrum - Principle of stability of contracts - Entitlement of plaintiff to current market value.
Presiding Judge:Ansah JSC
Coram:Adinyira JSC, Dotse JSC, Anin-Yeboah JSC, Akoto-Bamfo (Mrs) JSC
277    LT.KELVIN GODWIN AMEGBOR (GH/2988) vrs. The Republic
ABODAKPI, J: This is an appeal against dismissal from the Ghana Armed Forces, following a conviction entered by the Court Martial against the appellant 5th June,2007.The appellant has been convicted and sentenced on two counts. The trial commenced at the GMA Cadet MESS, Teshie. It has been alleged that the appellant was among officers who took part in Level ‘A’ Army Officers Promotion Practical Examination held at Shai Hills general area in May, 2005.
Presiding Judge:QUAYE, J.A.
Coram:QUAYE, ABODAKPI, ARYENE
278    LUTTERODT v. MENSAH NYARKO AND OTHERS [1984-86] 1 GLR 277-281
Apaloo C.J. delivered the ruling of the court. Some time in 1976, the applicant instituted proceedings against the respondents for title, possession and kindred reliefs to a piece of building land situated at Dansoman in Accra. Six years later, that is in 1982, the High Court constituted by Mr Justice Adadevoh gave judgment for the applicant and granted him not only title to the land and house then built on it but the ancillary reliefs of possession, damages and perpetual injunction.
Presiding Judge:APALOO, C.J.
Coram:APALOO, WIREDU, OSEI-HWERE
279    M. N. OCANSEY VRS. MADAM GRACE TEYE & 6 ORS, TEMA DEVELOPMENT CORPORATION, DOKU AGBEYEVU
ANIN YEBOAH, J.S.C:- This is an appeal against the striking out of an appeal and failure to relist same by the Court of appeal. The facts which appear to be simple are that the appellant was a Co-defendant in a case which was heard before the High Court, Tema. The judgment in the case was delivered on 11/10/2001 and the
Presiding Judge:BROBBEY, J.S.C.
Coram:BROBBEY, DATE-BAH, ADINYIRA (MRS), DOTSE, ANIN YEBOAH
280    MADAM AFUA NKUAH ... APPELLANT VRS YAA KONADU TONY AGYEMANG BOATENG ... RESPONDENTS
Practice and Procedure - Action in Representative Capacity - Procedural Requirements - Order 2 Rule 4 of CI 47 - Whether appellant sued in Representative Capacity - Statute - Application - Whether Act 63 and Act 122 were erroneously applied in particular case.
Presiding Judge:WOOD (MRS), CJ
Coram:BROBBEY JSC, ANSAH JSC, ANIN YEBOAH JSC, BAFFOE-BONNIE, JSC
281    MADAM AFUA NKUAH vrs. YAA KONADU TONY AGYEMANG BOATENG
ANIN YEBOAH, J.S.C:- This is an appeal against the judgment of the Court of Appeal dated the 13/03/2006. The Court of Appeal allowed an appeal against the judgment of the High Court, Kumasi which was delivered on 15/07/2002. The Plaintiff/Respondent/Appellant who for the sake of brevity shall be referred to as the Appellant herein on 25/10/1996 issued a writ of summons against the Defendant/Appellant/Respondent (who shall be referred to in this judgment as the Respondent).
Presiding Judge:WOOD (Mrs), CJ
Coram:WOOD, BROBBEY, ANSAH, ANIN YEBOAH, BAFFOE-BONNIE
282    MADAM AKOSUA DEDAA vrs. MADAM YAA TIWAA
AKAMBA, J.A.: This is an. appeal from the j udgrnent of the High-Court Nkawkaw delivered on 25th February 2002 in favour of the plaintiff/respondent and dismissing the counterclaim by the defendants/appellants. A brief summary of the background to this case at the trial court will certainly help us appreciate matters. The plaintiff/respondent (hereinafter simply the respondent) initiated her claims against the defendants/appellants (hereinafter simply the appellants) jointly and severally at the Nkawkaw High Court for the following reliefs: (i) Declaration of title to all that piece or parcel of land situate, lying and being at Kyemase Abetifi-Kwahu (plot No 39) with buildings thereon bounded on the North by a road measuring 100 feet more or less, on the south by plot No 40 measuring 100
Presiding Judge:AKAMBA, J.A.
Coram:AKAMBA, KUSI-APPIAH, DOTSE
283    MADAM CATHERINE OSEI vrs. FRANK ADDO
ADINYIRA (MRS.), J.A.. - On 12 March 2004, the High Court Accra gave a ruling in which it refused to grant an application for an interim injunction. 'The ruling is thE subject of this appeal. The plaintiff/appellant [hereinafter appellant] had sued the defendant/respondent [hereinafter respondent] per her writ of summons for: "(1) the plaintiff s claim is for a declaration for the cancellation of the lease agreement between the appellant and the respondent on the grounds of unconscionability.
Presiding Judge:ADINYIRA (MRS), J.A.
Coram:ADINYIRA (MRS), DOTSE, HEWARD-MILLS (MRS)
284    MADAM KATE AMPONSAH vrs. EDMUND ASANTE APPIAH
AKAMBA, J.A.: This appeal is against the decision of the Koforidua High Court delivered on 1ih of December 2003 before K.A Acquaye J. In the judgment the court granted the plaintiff/respondent (hereinafter simply referred as the plaintiff) two of the reliefs endorsed in the writ of summons and ordered as follows: (1) "That the plaintiff recovers possession of all that piece or parcel of land at Apedwa and bounded on one side by the property of Amma
Presiding Judge:AKAMBA, J.A.
Coram:AKAMBA, DOTSE, MARFUL-SAU
285    MADAM MASH AGBESHIE, MR RICHARD AGBESHIE vrs. MADAM AMINA AMORKOR,FOFO RUKYEA LARYEA
ANSAH, JSC:- The issues in this appeal are very narrow indeed and may briefly be stated as entered on whether the plaintiff bought the whole of the disputed house or only its frontage. Before deciding on the merits of the appeal, the facts of the case must be stated first. They were that the plaintiff brought an action against the defendant for a. A declaration of title to the property H/No. 49E/12, Nima, Accra, b. Recovery of possession of the said H/No 49/E12, Nima , Accra.
Presiding Judge:WOOD (MRS), C J
Coram:WOOD, BROBBEY, ANSAH, ANIN YEBOAH, BAFFOE-BONNIE
286    Maersk Ghana Limited Fishing Harbour Tema Vrs. JEMT Company Limited Shopping Center Comm Tema
This is an appeal against the decision of the High Court, Tema dated 25-2-2010. In the said decision, the court entered judgment for the plaintiff against defendant in the sum of GH¢486,000 (486 million old cedis) plus interest at the prevailing bank rate to be calculated from 17th of March,
Presiding Judge:MARIAMA OWUSU, J.A.
Coram:OWUSU, DANQUAH, DZAMEFE
287    MARFO AND OTHERS v. ADUSEI [1963] 1 GLR 225-232, Supreme Court
Mills-Odoi J.S.C.: delivered the judgment of the court. This appeal is from a judgment of D. E. Gwria, Esquire, Commissioner of Assize and Civil Pleas (as he then was) delivered on the 29th June, 1960, in the Land Court, Kumasi, whereby he gave judgment for the plaintiff. By a deed of mortgage dated the 26th May, 1957, and marked exhibit B in this case, the plaintiff mortgaged his two cocoa farms at Atambo and Mmotonor respectively to the
Presiding Judge:VAN LARE, J.S.C.
Coram:VAN LARE, MILLS-ODOI, BLAY
288    MASAI DEVELOPERS & ORS vrs. MULTIMEDIA BROADCASTING & ORS
HEWARD-MILLS J. This is an appeal by the Defendant/Appellants (hereinafter called the defendants) against 6 rulings made by the trial judge during the cross examination of the second plaintiff who together with others has instituted and action for defamation against the defendant/appellants. The defamatory words were set out in schedule A, schedule B and in paragraph 19 of the statement of claim. The statements were said to have been made during broadcast on various dates and also published on a website belonging to the first defendant. The statements were produced in court on tapes together with transcripts
Presiding Judge:ADINYIRA (MRS), J.A.
Coram:ADINYIRA (MRS), DOTSE, HEWARD-MILLS (MRS)
289    MASH AGBESHIE & ANOR. vrs. AMINA AMORKOR, FOFO RUKYEA LARYEA
TWENEBOA-KODUA, J.A. - This is an appeal from the judgment of the High Court, Accra dated 27 February 2004. The judgment granted all the reliefs the Plaintiffs/Respondents sought as follows:- “(a) A declaration of title to the property Or House No. 49E/12, Nima, Accra. (b) Recovery of possession of the said House No. 49E/12, Nima, Accra. (c) Account for rent collected on the said house. (d) Damages.
Presiding Judge:OWUSU, J.A.
Coram:OWUSU, TWENEBOA-KODUA, ANIM
290    MATHEW ALEXANDER KWAKYE, DR. ADJEI MARFU vrs. MICHAEL KWAME OFORI, BUGRI NAABU GROUP OF COMPANIES.
KANYOKE, J.A. :- This appeal has emanated from the judgment of the High Court, Accra (Coram: Mr. Justice S.T. Farkye, Justice of Appeal (as he then was) sitting as an additional High Court Judge, wherein the Court dismissed the plaintiff/appellant’s (hereinafter the plaintiff) action and entered judgment for the 2nd defendant/respondent (hereinafter called the 2nd defendant) upon its counterclaim; ineffect declaring title in House No. 171, Airport West Residential Area, Accra in the 2nd defendant. The said
Presiding Judge:ARYEETEY, J.A.
Coram:ARYEETEY, KANYOKE, APALOO
291    MATHEW KWAME SABBAH vrs. THE REPUBLIC
SOPHIA ADINYIRA (MRS) JSC: This appeal is against the judgment of the Court of Appeal dated 20 January 2004 which affirmed the conviction and sentence of the appellant for murder. The appellant was tried and convicted together with another person by an Accra High Court upon a verdict of a Jury on 7 August 2001, on charges of conspiracy to commit murder and murder.
Presiding Judge:ATUGUBA, J.S.C.
Coram:ATUGUBA, ANSAH, ADINYIRA (MRS), ANIN YEBOAH, BAFFOE-BONNIE
292    MAWULI DECKER VRS. HONOURABLE OBOSHIE SAI COFIE
The plaintiff sued the defendant for the sum of 30,000 GH Cedis as remuneration for the use of plaintiff’s music album titled "Kuffuor the winner" in the reelection campaign of His Excellency President Kuffuor in 2004. The defendant’s defence was that she had not entered into any contract with the plaintiff
Presiding Judge:GERTRUDE TORKORNOO
Coram:GERTRUDE TORKORNOO
293    MECHANICAL LLOYD ASSEMBLY PLANT LTD v. NARTEY [1984-86] 1 GLR 412 - 424, Supreme Court
Osei Hwere J.A. delivered the judgment of the court. Inside the fork of the Accra-Aburi and Accra-Dodowa roads lies immediately a stretch of [p.415] land called Fafraha which is so identified by a village of that name. The settlers at this village are natives of Labadi, more particularly of the Agbawe (or Agbahe) family. Fafraha is not the only village settled by this family.
Presiding Judge:EDUSEI, J.A.
Coram:EDUSEI, WIREDU, OSEI-HWERE
294    MERCHANT BANK GHANA LIMITED VRS PEMSON VENTURES LIMITED
The defendant is a customer of the plaintiff bank. The undisputed facts are that on 24th December 2007, the defendant acting per its agents deposited an offshore cheque with a value of 105,728.40$ drawn on Amgen in the USA in its account with plaintiff bank.
Presiding Judge:GERTRUDE TORKORNOO
Coram:GERTRUDE TORKORNOO
295    MERCHANT BANK GHANA LTD --- PLAINTIFF/APPELLANT VRS SIMILAR WAYS LTD --- DEFENDANT/RESPONDENTS
Practice and Procedure - Application for interlocutory Injunction pending appeal against the Judgment of the High Court - Repeat application to the Court of Appeal and appeal to the Supreme Court - Invoking the inherent jurisdiction of the Superior Courts - 1992 Constitution, art. 126(2) - CI 19,rule 7 - CI 16, rule 5.
Presiding Judge:ATUGUBA J.S.C
Coram:ANSAH,J.S.C, OWUSU (MS.),J.S.C., GBADEGBE, J.S.C., A.BAMFO (MRS),J.S.C.
296    MERCHANT BANK GHANA LTD. VRS. JOSEPH OKYERE
The defendant is a customer of the plaintiff bank. By mutually signed agreement dated May 3rd 2006 (exhibit A), the Plaintiff granted overdraft facility of 5,000 Ghana Cedis (then fifty million cedis) to the defendant for a six-month period expiring on November 30th 2006.
Presiding Judge:GERTRUDE TORKORNOO
Coram:GERTRUDE TORKORNOO
297    MERCHANT BANK {GH} LTD vrs. SAOUD BROTHERS & SONS,NABIL G. SAOUD,THEOPHILUS NORTEY,GEORGE F. SAOUD
GBADEGBE J.A. read the judgment of the court as follows: The question that arises for our determination in these proceedings turns on section 17 of the Bodies Corporate (Official Liquidation) Act, 1963, Act 180 that is expressed in the following words: "On the commencement of a winding up, no action or civil proceedings against the company, other than proceedings by a secured creditor for the realization of the security, shall be proceeded with or commenced save by leave of the Court and subject to such terms as the Court may impose."
Presiding Judge:GBADEGBE, J.A.
Coram:GBADEGBE, DOTSE, ANIN-YEBOAH
298    MICHAEL YAW GYIMAH AND ANOR VRS FIDELITY BANK
The two Plaintiffs in this case are claiming two reliefs against the Fidelity Bank as follows; "a) A declaration that the Plaintiffs are entitled to redeem the vehicle in dispute b) An order for the Defendant to enter into account with the Plaintiff"
Presiding Judge:RICHARD ADJEI-FRIMPONG
Coram:RICHARD ADJEI-FRIMPONG
299    MILLICENT ASARE BOAFO VRS PETER ABABIO
Presiding Judge:
Coram:
300    MODERN WOOD TECHNOLOGY LTD. VRS ECOBANK GHANA LIMITED
This is not a run off the mill case in our civil jurisdiction. The undisputed facts are that the plaintiff held a current account at the defendant’s branch in Kumasi. One Constantine Zeleku worked as the accountant of the plaintiff company during the period 2004 to 2007.
Presiding Judge:GERTRUDE TORKORNOO
Coram:GERTRUDE TORKORNOO
301    MOHAMMED ABASH AND 4 ORS vrs. THE REPUBLIC
BADDOO, J.A. : The Circuit Court at Tarkwa, on the 23rd of February 1996, convicted the appeallants on two counts of conduct conducive to a breach of the peace and threat of death. They were sentenced to 18 months and 3 years respectively with hard labour
Presiding Judge:WOOD, J.A
Coram:WOOD, BENIN, BADDOO
302    MOHAMMED IBRAHIM KAMIL --- APPELLANT VRS THE REPUBLIC --- RESPONDENT
Criminal law - Possession of Narcotic Drugs - Narcotic Drugs (Control,Enforcement and Sanctions) Law,PNDCL 236,1990 s.56 - Whether PNDCL 236 created strict liability - Whether appellant had requisite mens rea - Whether second appellate court could interfere with concurrent findings of lower court.
Presiding Judge:ATUGUBA J.S.C
Coram:BROBBEY JSC, DATE-BAH (DR),J.S.C,ANSAH JSC, GBADEGBE,J.S.C
303    MR. JAMES BERVELL VRS G4S SECURITY SERVICES GHANA LIMITED
Presiding Judge:BARBARA ACKAH-YENSU
Coram:BARBARA ACKAH-YENSU
304    MRS CHRISTIANA EDITH AGYAKWA ABOA - PLAINTIFF/RESPONDENT/RESPONDENT VRS MAJOR KEELSEN(RTD) - DEFENDANT/APPELLANT/APPELLANT AND 1. OKYEAME YIMA 2. TEYE TIMOTHY DOKU - PLAINTIFF/RESPONDENT/RESPONDENT VRS MAJOR KEELSEN(RTD) - DEFENDANT/APPELLANT/APPELLANT
Land law and Conveyancing - Title to land - Declaration of - Sale of land by vendor to a second grantee - Principle of nemo dat quod non habet - Application of.
Practice and Procedure - Judgment of Trial Court affirmed by First Appellate Court - Reversal by - Second Appellate Court - Circumstances/Factors to consider.

Presiding Judge:DR. DATE-BAH JSC
Coram:ANSAH JSC, DOTSE JSC, BAFFOE-BONNIE JSC, AKOTO-BAMFO (MRS.) JSC
305    MRS. BAABA MAISON VRS. BASARAN MAKINA LTD
The plaintiff conducts her business of rental and party services and sale of general merchandise under the name and style of B.M. Classics which she registered as a business name on 2nd February 2007. On 25th August 2008, the Daily Graphic advertised a clothing
Presiding Judge:GERTRUDE TORKORNOO
Coram:GERTRUDE TORKORNOO
306    MRS. GINA AMA BLAY and KWAME BLAY VRS. DELTA AIRLINES
Presiding Judge:MRS. JUSTICE GERTRUDE TORKORNOO
Coram:MRS. JUSTICE GERTRUDE TORKORNOO
307    MULTICHOICE GHANA LTD .... PLAINTIFF/ RESPONDENT/ APPELLANT VRS THE COMMISSIONER,INTERNAL REVENUE SERVICE .... DEFENDANT/ APPELLANT/ RESPONDENT
Income tax Decree 1975, (SMCD 5) s.4, 4A,5 and 11(1): Determination of assessable income for taxation purposes-whether plaintiff is entitled to deduct the company's expenses wholly exclusively and necessarily incurred in its television business from an interrelated source of income namely interest income- Aggregate income of a corporate body derivable from two or more sources could be subject to tax income. Interpretation of statutes- Tax statutes to be construed strictly with no implications.
Presiding Judge:WOOD (MRS), CJ
Coram:DOTSE, JSC. YEBOAH, JSC. GBADEGBE, JSC. AKOTO-BAMFO (MRS.), JSC
308    MUSTAPHA KOLNABA VRS. SAMUEL DOKU
KANYOKE, J.A. This appeal which has emanated from the ruling of the Circuit Judge at Ashaiman Circuit Court reveals a clear case of a fraudulent breach of trust resulting in an unfortunate and a very serious and damaging miscarriage of justice to
Presiding Judge:KANYOKE, J.A.
Coram:KANYOKE, OFOE,, ADJEI
309    NAA DEDE ADDY VS FIRST CAPITAL PLUS
This dispute has arisen out of two (2) loan facilities disbursed to a certain Gabriel Ofori Atta some time in September and November 2008 by the Defendant, a non Bank Financial Institution.
Presiding Judge:RICHARD ADJEI-FRIMPONG
Coram:RICHARD ADJEI-FRIMPONG
310    NAA DEDE ADDY VS FIRST CAPITAL PLUS
This dispute has arisen out of two (2) loan facilities disbursed to a certain Gabriel Ofori Atta some time in September and November 2008 by the Defendant, a non Bank Financial Institution.
Presiding Judge:RICHARD ADJEI-FRIMPONG
Coram:RICHARD ADJEI-FRIMPONG
311    NAA LAMILEY AMOAH ... PLAINTIFF/APPELLANT VRS 1.GLORIA QUARTEY (SUBSTITUTED FOR BOTH BETTY LOKKO & ALFRED QUARTEY) 2.THE CHIEF REGISTRAR LAND TITLE REGISTRY,ACCRA 3.SENSATIONS LIMITED ... DEFENDANTS/RESPONDENTS
Land Law and Conveyancing:Sale of Land - Specific performance - setting aside sale - equitable lien - Refund of purchase money effect of - Execution of Conveyance.S.2 Conveyancing Act 1973 NRCD 175. Findings of Fact by Trial Court - setting aside findings of fact by Court of Appeal - Circumstances/Factors to consider.
Presiding Judge:ATUGUBA J.S.C
Coram:DR. DATE-BAH,J.S.C., R. OWUSU,J.S.C., ARYEETEY,J.S.C., AKOTO-BAMFO,J.S.C
312    NAANA KITTOE vrs. DONALD W. LEWIS
DOTSE, J.A. - This appeal admits of no complexities whatsoever. The Plaintiff/Appellant , hereafter referred to as the Plaintiff and the Defendant/Respondent, hereafter referred to as the Defendant who are both resident in the U.S. married under the Ordinance on 21st August, 1999. During the subsistence of the marriage the parties acquired a plot of land in their joint names and built a house on it. The Plaintiff considering her position as a wife to the Defendant and interest and title to the said property threatened by the conduct of the Defendant initiated action in the High Court, Accra claiming the following reliefs:
Presiding Judge:OWUSU-ANSAH
Coram:OWUSU-ANSAH, DOTSE, APALOO
313    NANA ADWOA EFFIA, GODFRED KWOFIE(for and on behalf of the Royal Sewuah Paramount Stool Family of Bamiankor, Bamiankor) vrs.NANA TAIBA II, OPANIN AMOS ASARE, NANA APENU KPANYILY, HENRY ACQUAH a.k.a. Angama
WOOD (MRS) C.J.: On the 25th of October, 2007, the Judicial Committee of the National House of Chiefs dismissed the appeal from the adjudicating body of the Western Regional House of Chiefs, that is’ the Judicial Committee of the House. Dissatisfied, the petitioners/ appellants are, by way of an appeal to this court, challenging the said decision on the following grounds:
Presiding Judge:WOOD (MRS), C.J
Coram:WOOD (MRS), ANSAH, DOTSE, ANIN YEBOAH, BAFFOE-BONNIE
314    NANA AGYEMANG @ GEEMAN, ABEIKU NYAME @ JAGGERPEE vrs. THE REPUBLIC
BADDOO, J.A.: The facts of the case adduced by the Prosecution before the Jury were that on the 9th of January 1995, about 9.00 a.m. a young lady by name NADA KHARDI chartered a taxi, No. ACA 4590 from Gloryland Hotel to the residence of the 1st Appellant Nana Agyemang , alias Geeman, at Dome, on SALT STREET. The taxi was driven by one Kwesi Adjei, now deceased.
Presiding Judge:FORSTER, J.A.
Coram:FOSTER, BADDOO, AFREH
315    NANA AMA AMPONSAH vrs. FRANKLYN AMOAH NYAMAAH
BAFFOE-BONNIE J.S.C:- Nana Ama Amponsah, (Respondent herein), was married to Franklyn Amoah Nyamaah, (Appellant herein) under Akan Customary law in 1991. They have 4 children out of the marriage, 3 girls and a boy.
Presiding Judge:WOOD (MRS), C J
Coram:WOOD, BROBBEY, ANSAH, ANIN YEBOAH, BAFFOE-BONNIE
316    NANA EKUA KOFUA vrs. CHRISTOPHER BROOKMAN, LILIAN ATOWOROH
For the purposes of this appeal, the appellant who was the plaintiff in the court below would be referred to simply as the plaintiff while the respondents who were the defendants in the case would also be referred to as the defendants. The facts leading to this appeal as disclosed in the record of appeal are that one Yaw Budukuma died testate. This Yaw Budukuma was married to one Tsetsewa and they had three children, namely; Aba Amoakowaa @ Cecilia Brookman, Kwabena Bosu @ Lawyer Ewusie Brookman and Mary Brookman. Mary Brookman, however pre-deceased her father.
Presiding Judge:ABBAN (MRS)
Coram:ABBAN (MRS), APPAU, DUOSE
317    NANA GYAKORANG ADU TWUM II vrs.THE REPUBLIC
ESSILFIE-BONDZIE, J.A.:- The appellant was convicted once charge of Defrauding by False Pretences Contrary to Section 131 of the Criminal Code, 1960 (Act 29) and Section 16 of the Public Tribunals Law 1984 (PNDCL 78). THE PARTICULARS OF OFFENCE:- "NANA GYAKORANG ADU TWUM II, Chief of Kade (known in private life as Kofi Obeng @ Kofi Show) in 1980 received a compensation of ¢10,787.48 from the Government of Ghana on a representation
Presiding Judge:WOOD, J.A.
Coram:WOOD, BROBBEY, ESSILFIE BONDZIE
318    NANA KOFI ANKRAH, OPANYIN KOFI ANSAH vrs. MOSES BAIDOO
ABBAN (MRS) J.A.:- This is an appeal from the judgment of the High Court, Sekondi dated the 10th day of June 2007. The judgment went against the Defendant (hereinafter referred to as the Appellant) and being dissatisfied he has appealed against same to this court. The facts of this case are that on the 17th August 2004, the Plaintiffs (hereinafter referred to as the Respondents) issued a writ of summons against the Appellant in which they claimed the following (3) three reliefs: i. Account of monies had and received in respect of House No. 23-24/5 Collins, Avenue, Takoradi by way of rent since the year 2001. ii. Perpetual injunction restraining the Defendant, his agents, assigns and persons claiming through him from dealing with House No. 23-24/5 Collins Avenue, Takoradi in a manner inconsistent with the Corporate interest of the Sekyi Akona Obratu Ebiradze Family.
Presiding Judge:ABBAN (MRS)
Coram:ABBAN (MRS), APPAU, OFOE
319    NANA KOFI ANTWI vrs. CHIEF AYENSUAKO/OSIMPO EDJOA ADEFEY STOOL OF AWUTU BEREKU TRADITIONAL AREA vrs KOBINA ABBEY AND 2 ORS
ANSAH, J.S.C. The plaintiff sued the defendants in the High Court, Agona Swedru, for (a) a declaration of title and recovery of possession of a piece or parcel of land situate lying and being at a place commonly known and called Ayensuako and bounded as follows on the North by Kwa-Baa, Kobina Dadzie, Okuta and Ayensuako stream
Presiding Judge:WOOD (MRS), C.J
Coram:WOOD (MRS), ANSAH, DOTSE, ANIN YEBOAH, BAFFOE-BONNIE
320    NANA KWABENA FOSU, JOHN OWUSU vrs. ABENA ADOMAH, EUNICE OSEI @ AKOSUA
GBADEGBE, J.A.:- In this appeal that arises from the determination of an administration action by the High Court, Kumasi resulting in the grant of probate to the Executors-Respondents herein, the issues for our determination turns on whether the last Will of the deceased testator, Osei Kweku alias Montana dated 29 April 1994 was his own act. At the trial in the court below, the appellants herein challenged the will on several grounds. The first such ground was that the decedent lacked the mental capacity to make the testamentary document and accordingly it was contended that it was a forgery.
Presiding Judge:R.C. OWUSU, J.A.
Coram:OWUSU, GBADEGBE, APPAU
321    NANA KWAKU TABIRE ABABIO vrs. THE REPUBLIC
BENIN, J.A.: On 21/12/93 the High Court at Sunyani allowed an appeal against the conviction of the respondent herein by the Circuit Court, Wenchi, and acquitted and discharged him. Reasons for the decision were delivered on 3/2/94. On 1/3/94 the appellant herein filed a notice of appeal against the decision of the High Court.
Presiding Judge:SAPONG, J.A
Coram:SAPONG, ESSILIFIE-BONDZIE, BENIN
322    NANA KWAME PER HIS LAWFUL ATTORNEY KWAME TAWIA VRS ISAAC TEYE LANO
The Plaintiff filed the instant suit per his lawful Attorney. His simple case is that in October 2009 he advanced a sum of GH¢50,000 to the Defendant to engage in the business of buying and selling gold. It was agreed that the Defendant at the end of every month shall pay to the Plaintiff 9% of the principal sum as a share of the profit from the sales.
Presiding Judge:RICHARD ADJEI-FRIMPONG
Coram:RICHARD ADJEI-FRIMPONG
323    NANA OPONG SARFO AGYEMANG II vrs. THE REPUBLIC
FORSTER J.A.:. The appellant, Nana Oppong Sarfo. Agyamang II, is the Chief of Bawore, in Ashanti. On 5th day of August, 1991 he was arraigned before the Curcuit Court, Kumasi, on a charge of stealing “three wooden Electric Poles valued ¢75,000.00, the property of Bawore Citizens. At the close of the case for the prosecution, learned counsel for the defence submitted that the accused person
Presiding Judge:AMUAH, J.A.
Coram:AMUAH, BROBBEY, FORSTER
324    NANA OTIEKU AMOANI ASARE VS MESSRS KWADWO ABBAN & CO.
The parties in this case have litigated before. The events that have culminated in the successive cases are of the same background and so the basic facts of this matter are not in doubt. Following the construction of the Akosombo hydro electric facility, certain lands in the catchment area were flooded.
Presiding Judge:RICHARD ADJEI-FRIMPONG
Coram:RICHARD ADJEI-FRIMPONG
325    NANA OWUSU ACHIAW BREMPONG II vrs.THE REPUBLIC
BENIN, J.A.. -The accused, now appellant, was arraigned before the Ashanti Regional Tribunal on a charge of Stealing under Section 124(1) of the Criminal Code,1960 (Act 29). The particulars of offence read: Nana Owusu Achiaw Brempong II, Omanhene, during the year 1980 at Atebubu in the Brong Ahafo Region and within the jurisdiction of this Tribunal, did steal one Mercedes Benz Car No. GK 1990 value
Presiding Judge:AMUAH, J.S.C
Coram:AMUAH, FOSTER, BENIN
326    NANA S. K. GRAY @ ADOBOR vrs. THE REPUBLIC
OWUSU, J.A.: The Appellant herein was arraigned before the Circuit Court, Tema on one count of Defrauding by false pretence contrary to section 131 of the Criminal Code of 1960 (Act 29). He pleaded guilty with explanation. After he has offered his explanation, the court proceeded to sentence him holding that: “The explanation of the accused does not disclose a defence. The explanation is a Judicial Confession of guilt and it shows the accused has committed the offence charged. His plea shall remain as GUILTY.”
Presiding Judge:R.C. OWUSU, J.A.
Coram:OWUSU(MS), APALOO, BAFFOE BONNIE
327    NANA YAW NIMO KWAKORAKWA & ANOR vrs. THE REPUBLIC
YAW APPAU, J.A. This is an appeal against the decision of the High Court, Kumasi. The appellants are Nana Yaw Nimo Kwakorakwa (1st appellant) and Yaw Gyamfi (2nd appellant). The record indicates that 1st appellant is an ex-chief of his town called Aburaso in the Ashanti Region and also the head of the Royal (Stool) Family of Aburaso at the time. The 2nd appellant is his nephew. The two of them were charged before the trial High Court Kumasi as A1 ad A2 respectively, on charges of conspiracy to commit crime, murder and attempted murder.
Presiding Judge:KANYOKE, J.A.
Coram:KANYOKE, APPAU, ACQUAYE
328    NANCY LARYEA, AGNES LARYEA vrs. JAMES ADJEI AND 4 ORS.
Presiding Judge:FARKYE, J.A.
Coram:FARKYE, ABBAN (MRS), MARFUL-SAU
329    NATHAN T. ANKU VRS BARCLAYS BANK GHANA LIMITED
Presiding Judge:BARBARA ACKAH-YENSU
Coram:RICHARD ADJEI-FRIMPONG
330    NATIONAL INVESTMENT BANK vrs. EASTERN ALLOYS CO. LTD. ETC.
APALOO, JA:- Final judgment was on 29th November 2006 entered against the Defendants/Appellants in the sum of ¢1,283,616,000.00. The High Court ordered that sum to be paid to the Plaintiff/Respondent together with interest from that date at the prevailing bank rate until final payment. The appellants dissatisfied with the decision of the trial court appealed on the sole ground that “the court erred when it held that the exigible interest rate is up to the date of final payment at prevailing bank rate.” In support of this appeal the appellants have contended that the computation of the interest rate by the High Court was flawed in as much as the court used prevailing
Presiding Judge:PIESARE, J.A.
Coram:PIESARE, APALOO, MARIAMA OWUSU
331    NATIONAL LABOUR COMMISSION ... APPLICANT/APPELLANT/APPELLANT VRS GHANA COMMUNICATION LTD ... RESPONDENT/RESPONDENT/RESPONDENT
Labour Law - Wrongful dismissal - Order made by the National Labour Commission not followed - Application to High Court for enforcement of order - Whether the order must be evaluated before its enforcement - Whether court exceeded its jurisdiction in re-examining Commission's proceedings - Labour Act, 2003, s.172
Presiding Judge: WOOD (MRS) C.J
Coram:BROBBEY, JSC, OWUSU (MS), JSC, YEBOAH, JSC, BONNIE, JSC.
332    NDK FINANCIAL SERVICES vrs. YAW YIADOM CONSTRUCTION & ORS
APALOO, J.A.:- The Plaintiff/Respondent company is a non bank financial institution which extends credit facilities to individuals and other corporate bodies. The 1st Defendant/Appellant is a construction company whose managing director is the 2nd Defendant/Appellant. The 3rd defendant/Appellant is an investor of the Plaintiff/Respondent. For purpose of brevity the parties shall be referred to simply as Respondent and Appellants. The 3rd Appellant as investor of the Respondent introduced 1st and 2nd Appellants to the Respondent to enable the 2nd Appellant access a loan for the
Presiding Judge:PIESARE, J.A.
Coram:PIESARE, KANYOKE, APALOO
333    NENE TETTEH LIMO AND 2 ORS vrs. THE REPUBLIC
AKOTO-BAMFO, J.A. - On 27th July, 2000, this Court gave its decision in the appeal filed by the three appellants herein and reserved its reasons which we now proceed to give. Nene Limo II alias Hushie the 1st appellant herein was arraigned before the National Public Tribunal together with 20 other persons two of whom are
Presiding Judge:AFREH, J.A.
Coram:AFREH, AKOTO-BAMFO, AMONOO-MONNEY
334    NETLYNK ESTATES LTD. & 66 ORS, MAXWELL KOFI LARTEY VRS. BEATRICE ADOM & ORS
Presiding Judge:AKAMBA J.A.
Coram:AKAMBA, DUOSE,  OFOE
335    NEW LUCKY ELECTRICAL LIMITED VRS 1. STARTRACK INT. GHANA LIMITED 2. ISAAC ACQUAH
The plaintiff purchased an excavator from the defendant in April 2007 after seeing an advert for the excavator in March 2007 – Exhibit A. In May 2007, he carted the excavator away from Defendant’s premises on a low-loader to a place near where its mining site was. In June 2008,
Presiding Judge:GERTRUDE TORKORNOO
Coram:GERTRUDE TORKORNOO
336    NICOLAS MENDS-BUAH vrs THE REPUBLIC
BROBBEY, J.A.: - The second leg of the appeal relates to the sentence of imprisonment Imposed on him.He was sentenced to 18 months imprisonment after his conviction. Having regard to the nature of the offence and the circumstances surrounding the conviction of that offence, I am of the opinion that that sentence is rather on the low side. The Courts Act, 1993, Act 459, S. 30(a)(i) and (b) empowers this Court to amend the sentence of the trial Tribunal. At the trial the Tribunal in sentencing the appellant stated
Presiding Judge:WOOD, J.A
Coram:WOOD, BROBBEY, ESSILFIE-BONDZIE
337    NII ARMAH QUAYE, KWABENA ACHEAMPONG vrs THE PEOPLE
FORSTER, J.A. :— On 15th April, 1991, the National Public Tribunal, Accra, convicted the two appellants on two counts of Possessing Narcotic Drugs under sections 2(1) and (2) of the Narcotic Drugs (Control, Enforcement and Sanctions) Law, 1990 (PNDCL.236). The Tribunal imposed a custodial sentence of 10 years IHL, on each appellant. Aggrieved by their convictions they appealed to the National Public Tribunal Appellate and Review Division.
Presiding Judge:ESSIEM, J.A.
Coram:ESSIEM, FORSTER, ACQUAH
338    NII KPOBI TETTEY TSURU III vrs. NII AGO SAI (PER JOSEPH NII TORGBOR OBODAI, TOP CONSTRUCTION COMPANY LTD., EVANS TEYE, EVANS TEYE ESTATE CO. LTD.
DUOSE, JA:- In a writ of summons issued on 18-01-94, the Plaintiff the Chief of La sued asking for the following reliefs: (1) Declaration of title to all Ogbojo lands. (2) Order of perpetual injunction restraining the defendant from disposing of Ogbojo lands without the approval of the Plaintiff. At the close of evidence the trial High Court gave judgment to the defendant. Aggrieved by the said judgment the Plaintiff/Appellant filed the following eight grounds of appeal. (1) The judgment is manifestly against the weight of evidence adduced at the trial.
Presiding Judge:ABBAN (MRS)
Coram:ABBAN (MRS), APPAU, DUOSE
339    NII ODAI AYIKU IV vrs THE ATTORNEY-GENERAL, AND WOR-NII BORTELABI BORKETEY, LAWEH XIV
OWUSU (MS), JSC:- This appeal touches on the Jurisdiction of the High Court with regard to the reliefs claimed by the Plaintiff/Appellant/Appellant on his writ of summons issued on 2nd day of March 2001. By the writ of summons the plaintiff who described himself in the statement of claim as the “Mantse” of Nungua in the Ga Traditional
Presiding Judge:ATUGUBA, J.S.C.
Coram:ATUGUBA, ANSAH, ADINYIRA (MRS), OWUSU (MS), ARYEETEY
340    NII OKAIJA III, PERCY OKOE ADDY, OKOE ARYEE vrs. NII TETTEH AHINAKWA II, THOMAS OKINE
Presiding Judge:MARIAMA OWUSU, J.A.
Coram:OWUSU, MAY-BROWN, ADUAMUA OSEI
341    NII PAUL AYITEY TETTEH etc vrs. ARTHUR HAMMOND TETTEH etc
DUOSE, J.A. :- This is an appeal from the decision of an Accra High Court in a consolidated suit dated 21/03/08 . The judgment granted all the reliefs sought in the first suit except the claim for general damages for personal injuries done to Paul Ayitey Tetteh on the ground that “the action did not survive him personally, because of the “Plaintiff having died during the pendency of the suit, he is not entitled to general damages.” The second suit issued by the Defendants to the original suit was dismissed and the counter claim therein was granted with costs of ¢20,000,000.00 against the Defendants in
Presiding Judge:ASARE KORANG, J.A.
Coram:ASARE KORANG, QUAYE, DUOSE
342    NII PAUL AYITEY TETTEH SUBSTITUTED FOR BY ARTHUR HAMMOND TETTEH QUARCOO, SUING FOR HIMSEIF AND AS HEAD OF ONAMROKOR ADAIN FAMILY OF ACCRA --- PLAINTIFF/RESPONDENT/RESPONDENT VRS 1.B.A. QUARCOO (DECEASED) H/NO.24 OKAITEI-NETTEY STREET KORLE WORKON, ACCRA 2.JAFRO MENSAH LARKAI H/NO.23 DOMIABRA STREET,KOTOBABI,ACCRA --- DEFENDANTS/APPELLANTS/APPELLANTS IN CONSOLIDATION WITH 1.B.A. QUARCOO H/NO.24 OKAITEI-NETTEY STREET KORLE WORKON, ACCRA ---PLAINTIFF/APPELLANT/APPELLANT 2.JAFRO MENSAH LARKAI H/NO.23 DOMIABRA STREET,KOTOBABI, ACCRA.SUING FOR ON BEHAIF OF THE ONAMROKOR ADAIN FAMILY OF ACCRA --- PLAINTIFF/APPELLANT/APPELLANT VRS 1.ARTHUR HAMMOND TETTEH QUARCOO --- 1ST DEFENDANT/RESPONDENT 2.JUSTICE AYAA CUDJOE, ADABRAKA OFFICIAL TOWN, NEAR ROXY CINEMA, ACCRA --- 2ND DEFENDANT/RESPONDENT/RESPONDENT
Practice and Procedure - Suing in different capacities - Person suing in more than one capacity - Death of person - Survival of cause of action - Consolidation of suits - Only proper where cause of action in both suits survives - Effect of dismissal of one of the suits.
Application for substitution of deceased - Failure to move motion for  substitution - Case proceeded as if substitution done - Effect
Judgment - Wrong reasons in support - Effect on validity of judgment

Presiding Judge:ATUGUBA, JSC
Coram:DATE-BAH,J.S.C., ANSAH,J.S.C., ADINYIRA,JSC, OWUSU,J.S.C.
343    NII PAUL AYITEY TETTEH, TETTEH QUARCOO vrs B.A. QUARCOO, JAFRO MENSAH LARKAI
ATUGUBA J.S.C.:- In this consolidated suit the plaintiff in the first suit no. F2453/2002 sued as per the indorsement on the writ “for HIMSELF AND AS THE HEAD OF ONAMROKO ADAIN FAMILY HOUSE NO. 146 AVENOR – ACCRA V. 1. B.A. QUARCOO H/NO. 24 OKATEI - NETTEY STREET, KORLE WORKO – ACCRA 2. JAFRO LARKAI H/NO. 23 DOMIABRA STREET KOTOBABI – ACCRA” Claiming “a. Declaration that the Plaintiff has been Head of Family of Onamrokor Adain family since 1994 and has remained same to date. b. Perpetual injunction against the Defendants, from upholding themselves as Head and Assistant Head of the Onamrokor – Adain family. c. Declaration that by the Court of Appeal’s judgment of 16/12/80 the Defendant is estopped from ever contesting the Headship of the family of Onamrokor – Adain.
Presiding Judge:ATUGUBA, J.S.C.
Coram:ATUGUBA, DATE-BAH (DR.), ANSAH, ADINYIRA(MRS), OWUSU (MS)
344    NIl KPOBI TETTEY TSURU III vrs. NIl AGO SAI (PER JOSEPH NIl TORGBOR)
DUOSE, J.A.:- In a writ of summons issued on 18-01-94, the Plaintiff the Chief of La sued asking for the following reliefs: (l) Declaration of title to all ogbojo lands. (2) Order of perpetual injunction restraining the defendant from disposing of ogbojo lands without the approval of the Plaintiff. At the close of evidence the trial High Court gave judgment to the defendant. Aggrieved by the said judgment the Plaintiff/Appellant filed the following eight grounds of appeal.
Presiding Judge:HENRIETTA ABBAN (MRS), J.A.
Coram:ABBAN (MRS), APPAU, DUOSE
345    NIMOH v. ACHEAMPONG & ANOR [1959] GLR 49-50
VAN LARE AG. C.J. In this administration matter, it appears that upon a motion coming on for hearing before the Divisional Court the parties failed to come to an agreement among themselves as to the person or [p.50] persons to whom a grant of Letters of Administration should be made. The Court was therefore bound under the provision of Order 60 Rule 21(2) to order the applicant to issue a writ of summons against the caveators within a specified period.
Presiding Judge:VAN LARE, C.J.
Coram:VAN LARE, GRANVILEE SHARP, OLLENNU
346    NKD FINANCIAL SERVICES vrs. OTEMMS CO. LTD., MARGARET OKU (MRS.), PHILIP OKU
AKAMBA, J.A.: This is an interlocutory appeal against the ruling of Mrs. Gertrude Torkornoo . given in the Fast Track High Court Accra dated 29th July 2005. The facts of this case are devoid of any complexities and run thus. Between the 14th of March and 30th September 2003 the plaintiff/appellant (hereinafter simply the plaintif'f) extended credit facilities in the sum of ¢937,373,000 to the 1st defendant/respondent company (hereinafter simply the 151 defendant). The repayment of the facilities was guaranteed by the 2nd and 3rd defendants.
Presiding Judge:AKAMBA, J.A.
Coram:AKAMBA, DOTSE, MARFUL-SAU
347    NO. 187484 CPL APPIAH YAW, NO. 193364 PTE MODZAKA ERIC, NO.193366 PTE GOKASETH vrs. The Republic
ACQUAYE J.A: The Appellants were charged on two counts of conspiracy to murder contrary to Sections 23 and 46 and murder contrary to Section 46 of the Criminal Offences Act 29 of 1960. Murder is an indictable offence which Section 204 of the Criminal and Other Offences (Procedure) Act 30 of 1960 mandates that it be tried by a jury.
Presiding Judge:ABBAN(MRS), J.A.
Coram:ABBAN, APPAU, ACQUAYE
348    NOVA COMPLEX LIMITED ... PLAINTIFF/RESPONDENT VRS GHANA PORT & HARBOURS AUTHORITY ... DEFENDANT/APPELLANT
Interest Rate - Applicable legislation - whether appellate court can apply CI 52 at time of its judgment on appeal when judgment of lower court entered before January 2006; Applicable legislation on interest is legislation in force at time of any judgment,whether judgment of lower court or appellate court - Application of CI 52 post judgment interest to judgment of Court of Appeal entered after January 2006 not a retroactive application of CI 52 even if original judgment entered before January 2006.
Presiding Judge:DR. DATE-BAH, JSC
Coram: ADINYIRA (MRS) JSC, DOTSE, JSC, ANIN YEBOAH,JSC,BAFFOE-BONNIE,JSC
349    NOVA COMPLEX LIMITED vrs GHANA PORT & HARBOURS AUTHORITY
DR. DATE-BAH, J.S.C: This is the unanimous judgment of the Court. FACTS This case relates to a dispute about the amount of interest due from a judgment-debtor to a judgment creditor. The respondent in this case filed a motion ex parte on 16th July 2007 for a garnishee order nisi directed at banks where the appellant has accounts. In her affidavit in support of this motion, the Managing-Director of the respondent deposed to the fact that t
Presiding Judge:DATE-BAH (DR.), J.S.C
Coram:DATE-BAH, ADINYIRA (MRS), DOTSE, ANIN YEBOAH, BAFFOE-BONNIE
350    NUHU ADAMU vrs. THE REPUBLIC
AMONOO-MONNEY, J.A.: On 6th December, 2000 we allowed the appeal of the appellant, quashed his conviction for Robbery, and set aside the sentence of death by shooting by firing squad imposed on him on 20th May, 1988 by the erstwhile National Public Tribunal that exercised criminal jurisdiction under the repealed Public Tribunals Law, 1984 (PNDCL 78). We now proceed to give reasons for allowing the appeal.
Presiding Judge:AFREH, J.A.
Coram:AFREH, AKOTO-BAMFO, AMONOO-MONNEY
351    OBENG OMONO ASAMOAH vrs. OSEI AGYEMANG
KUSI-APPIAH, J.A. This is an appeal by the plaintiff from the decision of the High Court, Mampong/Ashanti dated 9th November, 200S.By his writ of summons, the plaintiff claimed against the defendant for:- "(1) A declaration that plaintiff is the joint-owner/proprietor of Unity Preparatory School, Mampong/Ashanti. (2) Damages for infringement of plaintiffs property rights, (3) Any other order or orders considered necessary for doing justice particularly with reference to Order 63 rule 6 of the Rules. _."
Presiding Judge:AKAMBA, J.A.
Coram:AKAMBA, KUSI-APPIAH, DOTSE
352    OPANIN YAW NTOAH AND OTHERS vrs. NANA DWAMENA AKENTEN II AND OTHERS
OWUSU, J.A. - This is an appeal against the ruling of His Lordship Frank Amoah J. sitting at the High Court, Wenchi which ruling was delivered on the 4th day of May, 2005 in an Ex-parte application for review of an order of the Circuit Court, delivered by His Honour Owusu Gyamfi, sitting at Fiapre on 3rd May 2005. Following an application brought before the Circuit Court under Section 22(1) of the Criminal Procedure Code, 1960 Act 30, by Chief Superintendent of Police of
Presiding Judge:OWUSU, J.A.
Coram:OWUSU, ANIM, ABBAN
353    OPPONG v. OPPONG [1992] 1 GLR 83-88, Court of Appeal
AMPIAH J. A. The plaintiff and the defendant were married customarily in 1959. In 1973 they converted their said marriage into an Ordinance marriage. Both are Ghanaians. They lived in Accra. After the 1973 marriage, the plaintiff left for London where he was joined in 1974 by the defendant. There were eight issues of the marriage, five of whom are still living. According to the plaintiff, in 1966 he purchased house No. V. 49, Community 4, Tema then a rental unit from one Larbi and put it in the name of the defendant.
Presiding Judge:AMPIAH, J.A.
Coram:AMPIAH, ADJABENG, FORSTER
354    OSITA NOKWE vrs. THE REPUBLIC
GBADEGBE. J.A.: On the 16th of November, 1993, the appellant herein appeared before the High Court, Ho on a single count of possessing Indian Hemp, contrary to Section 2(1) of PNDCL 236. When the charge was read over and explained to him, he pleaded guilty with explanation. The explanation which he offered to the charge which he faced was recorded in the proceedings of the said date which may be found at page one of the record of proceedings as follows:
Presiding Judge:OFORI-BOATENG, J.S.C
Coram:OFORI-BOATENG, BADDOO, GBADEGBE
355    OSMOND v. HUGHES [1967] GLR 405-423, Court of Appeal
APALOO J.A.: This is from the judgment of the High Court, Sekondi, (Bruce-Lyle J. as he then was) dated 24 January 1964. By the judgment, the court dismissed an action brought by the appellant (hereinafter called the plaintiff) against the respondent (hereinafter referred to as the defendant) for a declaration of title to land and building situate at Ashanti Road, Takoradi, described as plot No. 21 and for recovery [p.407] of the sum of £G312 which the plaintiff claimed the defendant collected as rent form tenants of the said premises.
Presiding Judge:OLLENNU, J.A.
Coram:OLLENNU, AZU CRABBE, APALOO
356    P.Y. ATTAH & SONS LTD. vrs.KINGSMAN ENTERPRISE LTD.
OSEI, J.A. - This is an appeal brought by the plaintiff/appellant (hereinafter referred to simply as Plaintiff) against the judgment of the High Court Accra dated 15/04/04.

In his writ of summons, the plaintiff claims against the defendant/respondent (hereinafter referred to simply as defendant), as follows

Presiding Judge:AKOTO-BAMFO, J.A.
Coram:AKOTO BAMFO, ASARE KORANG, OSEI
357    PARITY INVESTMENT VRS. SOPHIA NKANSAH
Counsel for Defendant continues to fail to attend court although hearing notices have consistently been served on him. The Plaintiff has led evidence supporting its claim. What the exhibits inform the court is that the contract between parties was scheduled to expire on 20th September 2008.
Presiding Judge:GERTRUDE TORKORNOO
Coram:GERTRUDE TORKORNOO
358    PARKER K. QUAYSON vrs. KWEI DORNU ANANFIO, BETTY ANNAN, JOE ANNAN, EMMANUEL APLERH DOKU
I.D. DUOSE, JA:- The Plaintiff/Appellant hereafter referred to as the Plaintiff on the 13th of March 2001 issued out a Writ of Summons in the high Court Tema claiming against the Defendants the following reliefs: (i) Declaration of title and ownership. (ii) Recovery of possession and damages for trespass. (iii) An order of perpetual injunction against the defendants, their agents, servants, workmen and other relations and privies from entering the land and interfering with the Plaintiff’s right to the same. On 12th April 2001 the 1st, 2nd and 3rd Defendants entered appearance and eventually filed
Presiding Judge:PIESARE, J.A.
Coram:PIESARE, DOTSE, DUOSE
359    PATRICIA IVY SACKEY vrs. JAMES BOAKYE-MENSAH
Presiding Judge:OWUSU (MS), J.A.
Coram:OWUSU (MS), MARFUL-SAU, APPAU
360    PATRICK KUNTOR VRS. 1. NUUMO KLOTIA AKOR 2. SAMUEL OKPOTI ADJEI 3. DANIEL AKOTA ASARE
Presiding Judge:
Coram:
361    PAUL MEIER, TRAPEQ LIMITED vrs. CHEDJI BARNABE, ZOUNON ALAIN
A. ASARE KORANG, J.A.:- On the 11th day of May 2006, the High Court, Kumasi gave judgment dismissing the claim of the 2nd plaintiff – Company, 2nd appellant herein and found for the 1st and 2nd defendants, respondents herein on their counterclaim on the basis that the respondents had proved their case on the balance of probabilities and were entitled to succeed. In favour of the 1st respondent, CHEDJI BARNABE, the learned trial judge made the following awards:
Presiding Judge:OWUSU (MS), J.A.
Coram:OWUSU (MS) , ASARE KORANG, DUOSE
362    PEKI STOOL vrs. TSITO AWUDOME STOOL
Presiding Judge:OWUSU, J.A.
Coram:OWUSU, ABBAN, BROWN
363    PEKI STOOL vrs. TSITO AWUDOME STOOL
BROBBEY, JSC: This is an interlocutory appeal from the Judgment of the Court of Appeal dated the 8th day of May, 2007. The facts relevant to this case are that, in the year 1957 Togbe Ayim Darke IV instituted legal action against Togbe Gobo Darke XI of Tsito and one Ntow Peniana, a subject of Tsito, in the Peki Native Court for a declaration of title and damages for trespass to parcels of land known as Awaline Avagah and Tiame. The case was transferred to the High Court, Ho, presided over by Francois J.
Presiding Judge:WOOD (MRS), C J
Coram:WOOD, BROBBEY, DATE-BAH, ANIN YEBOAH, BAFFOE-BONNIE
364    PETER DARKO aka KOBIBA DARKO VRS 1. WILBERFORCE OWUSU ANSAH 2. MRS. OWUSU ANSAH
The undisputed facts are that in 2006, the plaintiff sent a Honda Odyssey into Ghana on a container shipped from the United States of America by a certain John Mensah. Although the consignee of the car was John Mensah, the car was cleared by the plaintiff's brother called Osei Tutu Brempong.
Presiding Judge:GERTRUDE TORKORNOO
Coram:GERTRUDE TORKORNOO
365    PETER EGYIN MENSAH, GEORGE KWAMINA SEY vrs. INTERCONTINENTAL BANK (GH) LIMITED ...
SOPHIA ADINYIRA (MRS) JSC: This an appeal against the Judgment of the Court of Appeal dated 6 November 2008 allowing an appeal against the judgement of the High Court (Commercial Division) Accra dated 27 July 2007 on the sole ground of estoppel by res judicata. In order to appreciate fully the issues raised for determination in this appeal we must look at the history of the whole litigation.
Presiding Judge:DATE-BAH (DR.), J.S.C
Coram:DATE-BAH, ANSAH, ADINYIRA (MRS), OWUSU (MS), BAFFOE-BONNIE
366    PETER KOBINA ABABIO vrs. GHANA AIRWAYS LIMITED, MR. SARPONG (a.k.a OSOFO)
DUOSE, J.A.:- This is an appeal from the judgment of the Fast Track Division of the High Court, Accra dated 21st of March 2005. At the trial the Plaintiff/Appellant sued for the following: (1) General damages for loss of opportunities and enhancement occasioned by willful act of the Defendants in breaching their contract of carriage of the Plaintiff to the United States of America resulting in the lapse of his Diversity Immigration Visa on 29th of March 2004. (2) An order for the payment of special damages of ¢200,000,000.00 being the amount Plaintiff spent in applying for the visa and other expenses made during the said application. (3) Further and other reliefs as the court may deem fit
Presiding Judge:ARYEETEY, J.A.
Coram:ARYEETEY, KUSI-APPIAH, DUOSE
367    PETER KWAKU ADJEI vrs. THE REPUBLIC
MRS. WOOD, J.A.: This appeal turns on the rather difficult and not often used ground namely that "the verdict of the jury should set aside on the ground that under all the circumstances of the case it is unsafe and unsatisfactory". It also happens to be the only ground of appeal filed by the appellant who was convicted by the unanimous verdict of the jury.
Presiding Judge:WOOD, J.A
Coram:WOOD, BENIN, BADDOO
368    PHILIP ISRAEL vrs. NESTLE GHANA LTD.
ARYEETEY, J.A. : Until his appointment with the respondent company as foreman was terminated on 4th December, 1997 the appellant had worked with the company for 26 years. As production foreman and therefore belonging to Senior Category B of the defendant company the service conditions, which governed his relationship with the company, was the CONDITIONS OF SERVICE FOR SENIOR STAFF OF NESTLE GHANA LIMITED, exhibit 5 appeared at page 85 of the record if appeal.
Presiding Judge:ARYEETEY, J.A.
Coram:ARYEETEY, ASARE-KORANG, ABANN (MRS)
369    PLANGE v. PLANGE [1977] 1 GLR 312-323, Court of Appeal
ANIN J. A. Bart Kojo Plange died intestate on 16 May 1964 at Accra, leaving behind a widow (the plaintiff-appellant herein) whom he married firstly under customary law in 1949 and subsequently under the Marriage Ordinance, Cap. 127 (1951 Rev.), on 4 December 1954. Upon his death, the plaintiff applied to the court below for letters of administration to administer his estate. The defendant, a brother of the whole blood to the deceased, entered a caveat to the plaintiff's application and filed his affidavit of interest. As the parties could not agree on the proper person to whom letters of administration should be granted, the plaintiff,
Presiding Judge:SOWAH, J.A.
Coram:SOWAH, ANIN, FRANCOIS
370    POTRODOM INT. PRIVATE LTD VRS. BASHIRU MOHAMMED
The parties are entrepreneurs who deal in scrap metal. The undisputed facts are that around February 2006, the defendant had a demolition contract in the Kumasi sports stadium. He was approached by one Gilbert Djordji, PW1 and a former employee of the plaintiff for the purchase of the metal scrap obtained from the demolition. PW1 made the first payment of 5 million cedis
Presiding Judge:GERTRUDE TORKORNOO
Coram:GERTRUDE TORKORNOO
371    POWERPACKED DIST. CENTRE LTD VS THE PROPRIETOR, REGY’S SUPER BAR
At all times material to the events culminating in the present litigation, the Plaintiff Company was a distributor of alcoholic and non alcoholic products of Guinness Ghana Ltd. The Defendant, a retailer of the same products was a customer to the Plaintiff. From the evidence on record the Plaintiff used to supply the Defendant on a short term credit basis.
Presiding Judge:RICHARD ADJEI-FRIMPONG
Coram:RICHARD ADJEI-FRIMPONG
372    POWERPACKED DIST. CENTRE LTD VS THE PROPRIETOR, REGY’S SUPER BAR
At all times material to the events culminating in the present litigation, the Plaintiff Company was a distributor of alcoholic and non alcoholic products of Guinness Ghana Ltd. The Defendant, a retailer of the same products was a customer to the Plaintiff. From the evidence on record the Plaintiff used to supply the Defendant on a short term credit basis.
Presiding Judge:RICHARD ADJEI-FRIMPONG
Coram:RICHARD ADJEI-FRIMPONG
373    PRINCE WILLIAM TAGOE vrs. ALBERT G. K. ACQUAH
ANIN YEBOAH, J.S.C.:- The Circuit Court at Tema on the 12th of December 2006 entered judgment against the appellant herein in favour of the Respondent herein to recover all rent arrears and ejectment from the house in dispute which is H/№ 12/N2 C2 situate at Tema. It was the case of the respondent that he owned the property in dispute and leased same to the appellant for an agreed rent. According to the Appellant, the respondent ceased paying rent in 1999.
Presiding Judge:BROBBEY, J.S.C.
Coram:BROBBEY, ANSAH, ADINYIRA (MRS), DOTSE, ANIN YEBOAH
374    PROFESSOR KOJO SAFFU & 6ORS. vrs. GIMPA
Presiding Judge:GERTRUDE TORKORNOO
Coram:GERTRUDE TORKORNOO
375    PROSPER AMESHINU vrs. THE REPUBLIC
APALOO, JA: In this appeal the appellant Prosper Ameshinu is seeking the reversal of his conviction by the High Court, Fast Track Division dated 22nd day of August 2006. The High Court upon conviction, sentenced the appellant to 60 years IHL on each of the two counts upon which he was charged. Both sentences were to run concurrently. The appellant had been charged with the offences of (1) conspiracy to commit robbery and (2) robbery contrary to section 23 (1) and 149 of the criminal offences Act, Act 29 as amended.
Presiding Judge:APALOO, J.A.
Coram:APALOO, ACQUAYE, HONYENUGA
376    PROVIDENT INSURANCE CO. LTD. vrs. LIDRA LTD.
Presiding Judge:GERTRUDE TORKORNOO
Coram:GERTRUDE TORKORNOO
377    QUAMAN COMPANY LTD VRS JOFMAK SHIPPING & TRADING CO. LTD & ANOR
At the time material to this case the Plaintiff Company was the owner of a Ghanaian registered vessel, the MV SAELJON. The 1st Defendant was a Company that engaged in shipping Chartering, brokerage and other ship operating services with the 2nd defendant as its directing mind.
Presiding Judge:JUSTICE RICHARD ADJEI-FRIMPONG
Coram:JUSTICE RICHARD ADJEI-FRIMPONG
378    QUARTEY AND OTHERS v. QUARTEY AND OTHERS [1991] 1 GLR 248-254
AMPIAH J.A. The plaintiff-appellants in this action (hereinafter referred to as the plaintiffs) are the children of the late Emmanuel Quao Kpakpa Quartey who was also the brother of the defendants. By their writ of summons, the plaintiffs sought a declaration of title to house No. C 29/1, Adama Avenue, Adabraka situate on plot No. 23, Adabraka, Accra. They also sought for an order of ejectment against the defendants-respondents (hereinafter referred to as the defendants) and a further order of injunction restraining the defendants or their agents or servants from collecting further rents from the said house.
Presiding Judge:OSEI-HWERE, J.S.C.
Coram:OSEI-HWERE, AMPIAH, ESSIEM
379    QUASHIE AND OTHERS v. BOAHEMA AND ANOTHER [1987-88] 1 GLR 727-739, Court of Appeal
Mensa Boison J.A. delivered the first judgment at the invitation of Apaloo C.J. This appeal arises from the decision of the High Court, Koforidua dated 10 August 1984 in a dispute as to who was entitled, under customary law to succeed to the estate of one Ama Korantema. There is some limited area of agreement on the facts as stated in the pleadings and as emerged from the evidence of the parties, but the facts in controversy are sharp and crucial. The two plaintiffs, who sued in a representative capacity, are the daughters of Ama Korantema, who lived in Koforidua and whose death in August 1978 gave cause for this litigation.
Presiding Judge:APALOO, C.J.
Coram:APALOO, MENSA BOISON, ABBAN
380    QUAYSON v. ATTORNEY-GENERAL [1981] GLR 295-300, Court of Appeal
Edusei J.A. delivered the judgment of the court. The government appointed a commission of inquiry to investigate the escape of five prisoners from the Ussher Fort Prison on 12 November 1979. A number of prison officers including the appellant appeared before the commission. A report was, in due course, submitted to the government. The government also released a White Paper on the commission's report and insofar as the appellant, who was Deputy Director of Prisons, was concerned, the government made the following statement:
Presiding Judge:EDUSEI, J.A.
Coram:EDUSEI, MENSA BOISON, WIREDU
381    RAGNOUGA QUIDRAOGO vrs. MADAM AYISHATU, MORO KAMPAORE
OWUSU, J.A. - By his writ of summons, the plaintiff per his lawful Attorney claimed the following reliefs against the Defendant – (a) “Recovery of possession of H/No. C. 153/13, Mamobi, Accra.” (b) “Recovery of possession of H/No. J. 3837/7, Nungua Zongo, Accra.” (c) “Account for all the rent collected in respect of the two (2) houses up to date.” (d) “Perpetual injunction restraining the Defendant, her agents, assigns, privies, workmen, etc. from peaceful enjoyment and administration of the Estate of his late uncle Mahama Quidrago alias Mohammadu Moshie.” Upon an application for joinder on behalf of Moro Kampaore, he was later joined as Co-defendant to the suit.
Presiding Judge:OWUSU, J.A.
Coram:OWUSU, ASARE KORANG, KANYOKE
382    RAYMOND KOFI BEGAH, CYNTHIA ESI BARNES vrs. THE REPUBLIC
AFREH J.A.: On 30/7/98 we allowed the appeals of the appellants herein and acquitted and discharged them but did not give the reasons for our decision. We now proceed to do that. The appellants were convicted before R.K. Apaloo, J, sitting with a jury at the Criminal Session of the High Court at Accra on 27/11/97 for the offences of conspiracy to murder and the murder of one Lena Abla Hohoabu, a student
Presiding Judge:FORSTER, J.A.
Coram:FORSTER, BADDOO, AFREH
383    REPUBLIC v. CHIEFTAINCY COMMITTEE ON WIAMOASEHENE STOOL AFFAIRS; EX PARTE OPPONG KWAME AND ANOTHER 321-340 [1971] 1 GLR
HAYFRON-BENJAMIN: This is a hotly contested application for an order of certiorari in respect of certain steps taken by various bodies in the proceedings concerning the destoolment of Nana Pim Owusu Ansah, one-time Wiamoasehene, in the Agona Traditional Area, Ashanti. The bodies concerned are the Agona Traditional Council, the Chieftaincy Committee presided over by Mr. Justice Siriboe, the Chieftaincy Secretariat and the National Liberation Council. The applicants are Nana Oppong Kwame, who claims to be the Wiamoasehene, and Obaapanin Adjoa Amponsah, Queenmother of Wiamoase. The respondents are the Committee on Wiamoase stool affairs, Chieftaincy Secretariat, the Attorney-General and Nana Pim Owusu Ansah in respect of whose destoolment these protracted proceedings originated.
Presiding Judge:HAYFRON-BENJAMIN J.
Coram:HAYFRON-BENJAMIN J.
384    REPUBLIC v. HIGH COURT, ACCRA; EX PARTE ABBAN AND ANOTHER [1992] 1 GLR 442-45
FRANCOIS J.S.C. I shall not repeat the facts which have been copiously set out in the majority opinion just delivered by my brother Aikins J.S.C. I do not disagree with the general conclusion either, that Sampson J. erred in making orders after the application before him had been withdrawn. I also concede that proper procedures must precede the successful revocation of a grant. I said this some seventeen years ago in In re Kumatse (Decd.); Kumatse v. Hodienukpor [1975] 2 G.L.R. 344.
Presiding Judge:FRANCOIS, J.S.C.
Coram:FRANCOIS, WUAKU, AIKINS, WIREDU, BAMFORD-ADDO
385    RICHARD AWUKU SEDDOH vrs. STANDARD CHARTERED BANK
AKAMBA, J.A.: In this appeal, the plaintiff/appellant (hereinafter referred as plaintiff) was until 1992 an employee of the defendant/respondent bank (hereinafter simply referred as the defendant) wherein he held the position of Supervisor in the Customer Services section of the foreign department. In or about 1992 an internal fraud was uncovered in the aforesaid foreign department of the defendant involving the secret siphoning of the bank’s money into two foreign currency accounts known as the Ishmael Lamptey account and the Paul Davies account. Following
Presiding Judge:AKAMBA, J.A.
Coram:AKAMBA, ANIM, KUSI APPIAH
386    RICHARD BUTT vrs. BARCLAYS BANK OF GHANA LTD
AKAMBA, J.A.: This case has very close links with the Supreme Court decision in Richard Butt vs. Chapel Hill Properties and Devi Charity Butt, Civil Appeal No CA 3/2003 of 215t July 2004 and reported at page 636 of the (2003-2004) Supreme Court of Ghana Law Reports. Apart from the present defendant/respondent (simply respondent) not being a party in the earlier proceedings, the facts and persons involved in this suit are but the same as those in that decision. It is also evident that the matters which were the subject matter of the Supreme Court decision as in the present matter took place between 1994 and 1996 hence the findings of fact are
Presiding Judge:AKAMBA, J.A.
Coram:AKAMBA, APPAU, MARFUL SAU
387    Robert Amon Kotey and Co. Vrs. The Republic
P.K. GYAESAYOR JA: This is an Appeal for a reduction of the fourteen (14) year jail term imposed on the Appellant on the 3Oth day of July, 2002 by the Regional Tribunal, Accra for possessing narcotic drugs, contrary. to Section 1 of the Narcotic Drugs (Control,Enforcement and Sanctions) Law PNDC 1990 263. This Appeal is by Amon Kotey the 2nd accused person listed on the charge sheet.
Presiding Judge:GYAESAYOR P.A., J.A.
Coram:APALOO, GYAESAYOR, ADDO
388    ROM ENGINEERING LTD. VRS 1. NATIONAL INVESTMENT BANK LT. 2. WESTEC SECURITY
Briefly stated, the facts of this case which one may find quite interesting are as follows; sometime in 1996, the Plaintiff Company obtained a loan from the National Investment Bank which facility it defaulted in repaying. The National Investment Bank, the 1st Defendant herein sued the Plaintiff and obtained judgment to recover the sum of USD1,657,267.86 and cost of GH¢50,000.
Presiding Judge:RICHARD ADJEI-FRIMPONG
Coram:RICHARD ADJEI-FRIMPONG
389    S.D.C. FINANCE & LEASING VRS BENYA SHIPPING AGENCY GH. LTD.
The Plaintiff is a Non-Bank Financial Institution engaged in the business of short term lending and discounting of financial instruments and receivables. The Defendant a shipping agency deals inter alia in assorted frozen products. Some time in 2007, an entity called CHEU Company
Presiding Judge:RICHARD ADJEI-FRIMPONG
Coram:RICHARD ADJEI-FRIMPONG
390    SABINA ANDAM & ANOR. vrs. DANIEL LIGHT AMOAH & ANOR.
MARFUL-SAU J.A. : This appeal is against the judgment of the Accra Circuit Court dated the 19th July 2005. The Plaintiffs/Respondents issued a writ of summons against the Defendants/Appellants for the following reliefs. i. Recovery of possession of the piece of parcel of land with building thereon situate at Kwashieman, Accra comprised in the lease dated 15th day of June 1990 between the Ahiaku family and the 2nd Plaintiff. ii. Declaration of title to the land described in (i) above. iii. Perpetual injunction against the 1st and 2nd Defendants. iv. Cost. The brief facts of the case are that the 1st and 2nd Defendants were tenants in a four-room building at Kwashieman, Accra.
Presiding Judge:OWUSU, J.A.
Coram:OWUSU, MARFUL-SAU, YAW APPAU
391    SALOMEY SHORME TETTEH --- PLAINTIFF/RESPONDENT/APPELLANT NII AMON TAFO --- CO-PLAINTIFF/RESPONDENT/APPELLANT VRS MARY KORKOR HAYFORD SUBSITUTED BY STELLA LARBI & COMFORT DECKER --- DEFENDANTS/APPELLANTS/RESPONDENTS
Evidence - Burden of proof - Discharge of burden - Onus on plaintiff to adduce evidence to support claim - Failure to discharge burden - Documentary evidence must have precedence over oral evidence - Evidence Act 1975, ss.10 and 14 Land Law - Determination of priority grants - Application of the nemo dat principle - Priority in favour of the defendant.
Presiding Judge:AKUFFO (MS), J.S.C.
Coram:DATE-BAH JSC, ADINYIRA (MRS) JSC, DOTSE JSC, AKOTO-BAMFO (MRS.) J.S.C
392    SAMANPA v. AMPOFO [1992] 1 GLR 456-466, Court of Appeal
ESSIEM J.A. This is an appeal from the decision of the High Court, Koforidua constituted by Williams J. The said court on 15 October 1987 “struck off ” the plaintiff-appellant’s action upon a preliminary objection raised by the defendant-respondent before that court. Before I deal with the grounds of appeal, I propose to give the facts of the case and the circumstances leading to the instant appeal. The dispute relates to the office of the krontihene of Akim Kotoku. The action herein was commenced by an originating summons by which the plaintiff sought the following relief from the High Court:
Presiding Judge:LAMPTEY, J.A.
Coram:LAMPTEY, ESSIEM, OFORI-BOATENG
393    SAMUEL NELSON vrs. THE REPUBLIC
FORSTER, J.A. : The appellant was convicted on 10th September, 1996 by the Regional Tribunal, Accra on a charge of Stealing contrary to Section 124 of the Criminal Code 1960 (Act 29). He was sentenced to a term of 12 months IHL
Presiding Judge:BROBBEY, J.A.
Coram:BROBBEY, FORSTER , AFREH
394    SAUL METTLE vrs. THE REPUBLIC
GBADEGBE. J.A.: The Appellant was convicted by the Regional Tribunal at Accra on 30-7-97 for possessing a narcotic drug contrary to section 2(i) and (ii) of the Narcotic Drugs (Control) Enforcement and Sanctions Law, P.N.D.C L.236. Against his conviction, the appellant has lodged a petition to this court on a number of grounds namely: (a) The judgment is against the weight of the evidence
Presiding Judge:OFORI-BOATENG, J.S.C
Coram:OFORI-BOATENG, BADDOO, GBADEGBE
395    SHEIK AHMED RUFAI YAHAYA & 8 ORS vrs. SUMMA HOLDING CORPORATION & 8 ORS.
ANIN YEBOAH, J.A.:- On the 7/7/2003 the plaintiffs/respondents [referred to in this judgment as the respondents] obtained leave from the High Court, Accra, [Fast Track Division] to issue a writ of summons and statement of claim and serve same out of jurisdiction. The leave was granted by Dordzie, J on the said date and on 10/7/03 the respondents filed the writ of summons together with the statement of claim. In appears the first to fifth respondents are individual whereas the sixth to the ninth respondents are corporate bodies. The action was against the eight defendants and out of the eight only the first defendant was a corporate body.
Presiding Judge:AKAMBA, J.A.
Coram:AKAMBA, TWENEBOA-KODUA, ANIN YEBOAH
396    SHERRY AYITEY vrs. GIHOC DISTILLERIES CO. LTD
AKOTO-BAMFO, J.A.- On the 13th of September 2001, the appointment of the plaintiff/appellant (who we shall hereafter call the plaintiff) was terminated after having been asked to proceed on leave in February 2001. Bcing naturally unhappy at the turn of events, she caused a writ of summons to be issued against GIHOC Distilleries the defendant/respondent, who, for ease of reference, shall be called the defendant claiming, inter alia, for a declaration that the termination was unfair/wrongful, alternatively that the termination was in breach of her fundamental human rights and Articles 23 & 191 of the 1992 Constitution of the Republic of Ghana.
Presiding Judge:ASARE KORANG, J.A.
Coram:AKOTO-BAMFO, ASARE KORANG, OSEI
397    SO ENERGY (GH) LTD VRS. 1. NAMAS B COMPANY LIMITED 2. AMA LOKKO
Presiding Judge:RICHARD ADJEI-FRIMPONG
Coram:BARBARA ACKAH-YENSU
398    SOLOMON KOFI EFFAH, ASUBONTENG ASAMOAH vrs. THE REPUBLIC
AMONOO-MONNEY, J.A.: On 13th April, 2000 we allowed the~ appeal of the 2~ appellant, quashed his conviction for Abetment of Stealing, and set aside the enhanced sentence imposed on him, on appeal, by the Koforidua High Court. We now proceed to give reasons for allowing his appeal, and also to give judgment in the appeal by the 1st appellant.
Presiding Judge:AFREH, J.A.
Coram:AFREH, AKOTO-BAMFO, AMONOO-MONNEY
399    SOLOMON SUNDAY TUNDE ABASS AND 8 ORS. vrs. THE REPUBLIC
ADINYIRA(Mrs) J.A.: - The appellants were convicted by the Regional Tribunal Cape Coast, on 14 June, 2000 on various charges of conspiracy to cause financial loss to Ghana Telecom, causing financial loss to Ghana Telecom, and defrauding by false pretences.
Presiding Judge:TWUMASI, J.A.
Coram:TWUMASI, ARYEETEY, ADINYIRA
400    SOLOMON SUNDAY TUNDE ABASS AND 8 OTHERS vrs. THE REPUBLIC
ADINYIRA (MRS) J.A.: - The appellants were convicted by the Regional Tribunal Cape Coast, on 14 June, 2000 on various charges of conspiracy to cause financial loss to Ghana Telecom, causing financial loss to Ghana Telecom, and defrauding by false pretences. They were sentenced to various fines or in default terms of imprisonment. The 1st to 7th appellants have appealed against their sentences only; but the 8th and 9th appellants have . appealed against both conviction and sentence.
Presiding Judge:TWUMASI, J.A.
Coram:TWUMASI, ARYEETEY, ADINYIRA
401    STANBIC BANK LIMITED VRS. 1. QUICK FIT SERVICES CENTRE LTD 2. KINGSLEY AGYEMAN
Presiding Judge:BARBARA ACKAH-YENSU
Coram:BARBARA ACKAH-YENSU
402    STANBIC BANK LIMITED - PLAINTIFF VRS 1. NETLYNK KEA SYSTEMS LTD. 2. HAMES ATO ORLEANS-LINDSAY DEFENDANTS 3. KWABENA SELBY
The facts of this case are by no means complicated. The 1st Defendant Company, a customer of the Plaintiff Bank was in obvious need of funds to finance the development of a 20 house facility to be known as the “ACHIMOTA PROJECT”. Upon request the Plaintiff on 24th September, 2008 approved a property loan of GH¢1,400,000 to the 1st Defendant. The terms of the facility are contained in a property loan facility letter tendered at the trial as Exhibit “A”.
Presiding Judge:RICHARD ADJEI-FRIMPONG
Coram:RICHARD ADJEI-FRIMPONG
403    STANDARD CHARTERED BANK GHANA LTD --- PLAINTIFF/APPELLANT/APPLICANT VRS 1.WESTERN HARDWOOD LTD 2.FARROUK BARRAKEH --- DEFENDANTS/RESPONDENT/RESPONDENTS
Practice and Procedure - Stay of execution - Powers of the Supreme Court - C.I 16,Rule 20 Grant of stay of execution on terms by Court of Appeal - Irreversible - Application for suspension of order - Effect of failure to apply to Court of Appeal - C.I.16,Rule 20(2)
Application for stay of execution of High Court Judgment - Outside Supreme Court jurisdiction - C.I.16,Rule 20(1).

Presiding Judge:ATUGUBA J.S.C
Coram:ANSAH JSC, ADINYIRA (MRS) JSC, OWUSU (MS),J.S.C, B. BONNIE, J.S.C
404    STANDARD CHARTERED BANK LTD VS CHYUAN CHYA GHANA INVESTMENT LTD & 3 ORS
RULING ON APPLICATION FOR SUMMARY JUDGMENT The instant application by the Plaintiff is for Summary Judgment. On the writ of summons as amended, the Plaintiff seeks the following reliefs against the 1st 2nd , 3rd, 4th and 5th Defendants jointly severally
Presiding Judge:RICHARD ADJEI-FRIMPONG
Coram:RICHARD ADJEI-FRIMPONG
405    STARCOM BROADCASTING SERVICES vrs.LA CHAUMIERE RESTAURANT AND NANA AMA SERWAA GYASI, OYOKO CONTRACTORS
KANYOKE J.A.: The facts of this case are as follows: The plaintiffs/Respondents (herein after referred to as the Respondents) extended a short term credit facility to a company named Messers Allied Trades and Finance(ATF) which was secured by an Agreement of the property known as plot No. 64A Airport Residential Area, Accra, owned by the 2nd co-defendant/Appellant. A.T.F defaulted on the loan and the Respondents attempted to realize the collateral whereupon the co-defendants/Appellants (herein thereafter referred to as the appellants).
Presiding Judge:ARYEETEY, J.A.
Coram:ARYEETEY, KANYOKE, BROWN
406    STATE GOLD MINING CORPORATION v. PIETERSON AND OTHERS [1987-88] 1 GLR 428-433, Court of Appeal
AMUA-SEKYI J.S.C. The late William Edmund Pieterson, a native of Awukugua in Akuapem, but for many years a resident of Cape Coast, died in 1927. In 1970, that is some 43 years later, his children Edmund, Ernestina and Ernest issued a writ at the High Court, Sekondi against the defendant-corporation claiming damages for trespass alleged to have been committed by the corporation in respect of three mining concessions they said belonged to their late father.
Presiding Judge:AMUA-SEKYI, J.S.C.
Coram:AMUA-SEKYI, AMPIAH, ESSIEM
407    STATE v. ASANTEHENE'S DIVISIONAL COURT B1; EX PARTE KUSADA [1963] 2 GLR 238-276, Supreme Court
[His lordship stated the facts as contained in the headnote and continued:] The procedure regulating an application for the writ of certiorari is provided by the Supreme [High] Court (Civil Procedure) Rules, [1954],1 Order 59, r. 3 thus: "Leave shall not be granted to apply for an order of certiorari to remove any judgment, order, conviction or other proceeding for the purpose of its being quashed, unless the application for leave is made not later than six
Presiding Judge:KORSAH, C.J.
Coram:KORSAH, ADUMUA BOSSMAN, CRABBE
408    STEPHEN ATTA KWASI AKOWUAH VRS. 1. MR. J.B.K. ABBAN 2. KODWO ABBAN & CO.
This dispute centers on the interpretation of a group of documents executed for, and entered into for the purpose of obtaining compensation from Government for an area described as Pai Flooded Area and the obligations and rights of the parties flowing from these contracts. I will set them out in chronological order.
Presiding Judge:GERTRUDE TORKORNOO
Coram:GERTRUDE TORKORNOO
409    SULEMANA YAKUBU AND 2 ORS. vrs. THE REPUBLIC
GHARTEY: An appeal against the National Public Tribunal dated 2/9/92. The decision is at page 66. Reason is contained at pages 68-78. Ground 1 of Additional Grounds of appeal. Reasons - Page 76 lines
Presiding Judge:WOOD, J.A.
Coram:WOOD, BENIN, BADDOO
410    SUMAILA SANUNU ... PLAINTIFF/RESPONDENT/RESPONDENT VRS FRANKLIN GADO SALIFU ... DEFENDANT/APPELLANT/APPELLANT
Practice and Procedure - Application for Summary Judgment - Factors to consider - Whether statement of defence disclose reasonable defence/existence of triable issues - Leave to defend action - bona fide defence. High Court (Civil Procedure) Rules, 2004 C.I. 47 Order 14 rule 1.
Presiding Judge:ATUGUBA J.S.C
Coram:AKUFFO (MS),J.S.C.,DATE-BAH (DR) J.S.C., OWUSU (MS) J.S.C., BAFFOE-BONNIE,J.S.C.
411    SUMAILA SANUNU VRS FRANKLIN GADO SALIFU
BAFFOE-BONNIE, J. S. C:- The Defendant/Appellant,(Appellant herein) a contractor, was awarded a contract by Ghana Telecom to build Payphone Shelters and Telephone Stand structures in the Wa District.
Presiding Judge:ATUGUBA, J.S.C.
Coram:ATUGUBA, AKUFFO, DATE-BAH, OWUSU, BAFFOE-BONNIE
412    SWISS AFRICAN TRADING CO. LTD v. ANING [1962] 1 GLR 108-112, Supreme Court
ADUMUA-BOSSMAN J.S.C. This appeal is against a judgment dated the 26th April, 1960, given by Acolatse, J., whereby he dismissed the claim of the plaintiffs-appellants (hereinafter referred to shortly as the plaintiffs) for the sum of £G244 12s. 1d. being the balance of an account for price of goods sold and delivered to the defendant-respondent (hereinafter referred to as the defendant) but upheld the defendant's counterclaim for the sum of £G1,300 being the amount of commission earned by him as a credit customer of the plaintiffs during the period January, 1956, to November, 1958, inclusive.
Presiding Judge:KORSAH, C.J.
Coram:KORSAH, ADUMUA-BOSSMAN, CRABBE
413    SYDNEY FRANCIS A. MACCARTHY VRS. A & B GROUP LTD. & ANOR.
The Defendants failed to appear before this court for trial although they were served with notice of it. The court has listened to Plaintiff and on the strength of the cogency of the evidence and exhibits, the court is satisfied that the Plaintiff has established his claim for GH¢210,000 with interest thereon from 28th April 2003 as claimed.
Presiding Judge:GERTRUDE TORKORNOO
Coram:GERTRUDE TORKORNOO
414    SYLVANUS JUXON-SMITH vrs. K.L.M ROYAL DUTCH AIRLINES
J.B.AKAMBA, J.A.: This appeal comes from the Accra Fast Track High Court and it is against the judgment delivered on 17th June 2003 by Julius Ansah, J.A., sitting as an additional judge of the High Court. • The plaintiff/respondent (hereinafter referred to simply as plaintiff) issued a writ of summons on 13th of December 2002 against the defendant/appellant (hereinafter referred to as the defendant) in the Fast Track High Court Accra, claiming the following: " (1) Plaintiff claim against the defendant is for payment of $600,000 US dollars or its cedi equivalent being general damages for deliberate prevention of the plaintiff by the defendant from boarding defendant's airline which occasioned defendant's loss of lucrative contract in Brussels.
Presiding Judge:OMARI-SASU, J.A.
Coram:OMARI-SASU, AKAMBA, TWENEBOA-KODUA
415    SYLVIA GREGORY vrs. NANA KWESI TANDOH, BRIGGET HANSON
KANYOKE J.A: This is an appeal against the judgment of the High Court, Cape Coast, delivered on the 23rd August 2002 dismissing the plaintiff /appellant's claim for "an order directed at the defendants compelling them to convey the land on which H/NO. AV 31/3, Ankaful Cape Coast is standing to the plaintiff." The plaintiff/appellant shall herein after be referred to simply as the plaintiff and the defendants/respondents as the 15t and 2nd defendants respectively. The facts of this case are simple and are as follows:
Presiding Judge:AKAMBA, J.A.
Coram:PIESARE, AKAMBA, KANYOKE
416    SYMON ATIGAKU vrs. THE REPUBLIC
Presiding Judge:BROBBEY, J.A.
Coram:BROBBEY, FORSTER, AFREH
417    TAMBIRE ANAFO vrs THE REPUBLIC
ADJABENG, J.A.: On the 19th May, 1989, the appellant, Tambire Anafo, was convicted Of the offence of murder and sentenced to death by the High Court, Tamale, sitting with a jury. Dissatisfied with his conviction, the appellant appealed to this Court. The facts of the case are that on 28th May, 1983, owing to shortage of water in the area,
Presiding Judge:LAMPTEY, J.A.
Coram:LAMPTEY, ADJEBENG, LUTTERODT
418    TANOR AND ANOTHER v. AKOSUA KOKO [1974] 1 GLR 451-464, Court of Appeal
APALOO J.A.: This appeal raises some interesting questions about the true requirements of adoption of a child in customary law. Although there is some controversy between the parties on the facts, there is also between them, a large area of agreement. The plaintiff (i.e. the respondent) who should be in her mid-fifties, originally hailed from a town called Ogome in the Yilo Krobo District of the Eastern Region. She was born of Krobo parents. Late in 1933, just about the time that she reached puberty, she had an affair with a man from her home district.
Presiding Judge:APALOO, J.A.
Coram:APALOO, LASSEY, ARCHER
419    TAWIAH AND OTHERS v. BRAKO AND OTHERS [1973] 1 GLR 483-489, Court of Appeal
Jiagge J.A. delivered the judgment of the court. This appeal is from the ruling of the High Court, Koforidua, upholding a preliminary objection that the refusal of the district court to set aside a writ of fieri facias was an interlocutory decision and that failure to obtain leave to appeal was fatal and not a curable irregularity.
Presiding Judge:JIAGGE, J.A.
Coram:JIAGGE, SOWAH, KINGSLEY-NYINAH
420    TEIKO AKRONG (HEAD & LAWFUL REPRESENTATIVE OF THE BOI KWAO FAMILY OF OFANKOR) vrs ADU KOFI DJIN
KUSI-APPIAH, J.A. - This is an appeal against the judgment of the High Court, Accra, dated 24 February, 2004. The facts giving rise to this action are very simple. The defendant in this action claimed to have purchased a 30 acre land at Aboasa Medie from Abusuapanyin Boye Okai, the first defendant at the trial court. According to the defendant, he acquired valid title to the land from Abusuapanyin Boye Okai who was held out by the plaintiffs family as their Head. He averred that the land was sold to him with the knowledge, consent and concurrence of the plaintiffs family as the money was used to rehabilitate their family house at Ofankor. The plaintiff, on the other hand contended that, in ...
Presiding Judge:OWUSU (MS), J.A.
Coram:OWUSU (MS), KANYOKE, KUSI-APPIAH
421    Tema Oil Refinery Vrs. African Automobile Ltd
AKAMBA, J.A: The defendant/appellant (simply the appellant) is an Oil Refinery company based in Tema. Sometime in 2002, appellant invited tenders for the supply of one million, six hundred thousand litres (1,600,000 Lt) of “marine mix”. The contract bid price was expressed in euros. Two suppliers won the contract - the plaintiff/respondents (simply respondent/s) and GOIL Limited.
Presiding Judge:AKAMBA, J.A.
Coram:AKAMBA, YAW APPAU, DOTSE OFOE
422    TENASSA PHARMACEUTICAL & TRADING CO. LTD FORMERLY KNOWN AS ASANTE CHEMICAL STORES – PLF/RESP VRS ISSAKA KOANDA
Presiding Judge:
Coram:
423    THE APOSTLES REVELATION SOCIETY vrs. REV. APOSTLES A.N. TEHN-ADDY, REV. APOSTLES C.K.M. DOVLO AND OTHERS
ANIM, J.A - This is an appeal from the ruling of the High Court, Fast Track Division, presided over by Mr. Justice R. Asamoah dated 5th February 2004. On or about the 8th December 2003 the Plaintiff/Respondents hereinafter referred to as ("the Plaintiffs") issued out a writ against the Defendants/Respondents hereinafter referred to as (" the Defendants"). The indorsement on the write reads as follows:- "The Plaintiffs claim against the Defendants jointly and severally: ....
Presiding Judge:FARKYE, J.A.
Coram:FARKYE, ANIM, HEWARD-MILLS
424    THE CHURCH OF APOSTLES REVELATION SOCIETY vrs. REV. APOSTLE A.N. EHN-ADDY AND OTHERS.
ANIM, J.A. - This is an appeal from the ruling of the High Court, Fast Track Division, presided over by Mr. Justice R. Asamoah dated 5th February 2004. On or about the 8th December 2003 the Plaintiff/Respondents hereinafter referred to as (“the Plaintiffs”) issued out a writ against the Defendants/Respondents hereinafter referred to as (“ the Defendants”). The indorsement on the write reads as follows:- “The Plaintiffs claim against the Defendants jointly and severally:-
Presiding Judge:FARKYE, J.A.
Coram:FARKYE, ANIM, HEWARD-MILLS
425    THE COMMISSIONER INTERNAL REVENUE SERVICE, ACCRA vrs.MULTI CHOICE GH. LTD.
J.A. OSEI, J.A. - The undisputed facts of this appeal are that: MULTICHOICE GHANA LIMITED [Plaintiff/Respondent hereinafter referred to simply as Plaintiff] is a Television Company operating in Ghana. It serves its customers in return for their subscriptions which subscriptions the Company saves in a banking account and, as expected earns interest income thereon. From the year 1994 to 1999, the company, without dispute, incurred losses from its Television business as such but made substantial gains from its Banking Account by way of interest. The plaintiff company [Multichoice Ghana Ltd.] then sought to set off its losses incurred from its Television business as such against the interest income earned from the Banking Account. The[ Defendant/Appellant]
Presiding Judge:TWUMASI, J.A.
Coram:TWUMASI, OMARI-SASU, OSEI
426    THE NATIONAL INVESTMENT PLAINTIFF/RESPONDENT BANK LIMITED vrs. MESSRS AGYAKOT CO. LTD. AND 2 OTHERS
QUAYE, J.A.:- This is an appeal from the ruling of the High Court, Sunyani delivered on 22nd March 2006. The appeal was filed on 23rd March 2006. The action was commenced in the High Court, Sunyani. The plaintiff/respondent Bank, acting per its Board Chairman, filed the writ on 1st September 2005 together with a statement of claim. From the averments therein, the cause of action arose from the grant of loan facilities of ¢200,000,000.00 (Two hundred million Cedis)
Presiding Judge:QUAYE, J.A.
Coram:QUAYE, OWUSU, DUOSE
427    THE NATIONAL INVESTMENT BANK LIMITED vrs. MESSRS AGYAKOT CO. LTD., SAMUEL AGYAPONG, THOMAS YEBOAH WADIE
QUAYE, JA:- This is an appeal from the ruling of the High Court, Sunyani delivered on 22nd March 2006. The appeal was filed on 23rd March 2006. The action was commenced in the High Court, Sunyani. The plaintiff/respondent Bank, acting per its Board Chairman, filed the writ on 1st September 2005 together with a statement of claim. From the averments therein, the cause of action arose from the grant of loan facilities of ¢200,000,000.00 (Two hundred million Cedis) by the plaintiff/respondent Bank, to the 1st defendant, a private construction company, based in Accra and Sunyani. The 2nd defendant is managing director of the 1st defendant
Presiding Judge:QUAYE, J.A.
Coram:QUAYE, MARIAMA OWUSU, DUOSE
428    THE OFFICIAL LIQUIDATOR VRS JOSEPH KARAM & 2 ORS.
The Plaintiff operates in Ghana as a non-banking financial institution. The 1st Defendant, a body corporate was its customer. In that relationship, the Plaintiff claims to have advanced various facilities to the 1st defendant for its business.
Presiding Judge:JUSTICE RICHARD ADJEI-FRIMPONG
Coram:JUSTICE RICHARD ADJEI-FRIMPONG
429    THE PEOPLE vrs. RICHMOND YOOSI MENSAH
FORSTER, J.A. : On 21st January, 1991, the appellant was convicted by the. Regional Public Tribunal, Tema on two Counts, The first Count charged him with conspiracy to steal and 2nd Count charged him with stealing the sum of 08 million, The other accused person
Presiding Judge:ESSIEM, J.A.
Coram:ESSIEM, AMUAH, FORSTER
430    THE REPUBLIC VRS THE COURT OF APPEAL — RESPONDENTS ANTHONY THOMFORD EX PARTE GHANA CHARTERED INSTITUTE OF BANKERS - APPLICANT
Practice and Procedure-Supervisory Jurisdiction of the Supreme Court-Prerogative Writ-Certiorari-Application-Natural Justice-Breach of the audi alteram partem rule.Court of Appeal Rules CI 19 Rule 20(2).Application for Certiorari-Factors to Consider
Presiding Judge:ATUGUBA, JSC
Coram:DR.DATE-BAH,J.S.C.,ANSAH,J.S.C.,BAFFOE-BONNIE,J.S.C.,ARYEETEY,J.S.C.
431    THE REPUBLIC VERSUS THE HIGH COURT (COMMERCIAL DIVISION) ACCRA, AMPOMAH PHOTO LAB LTD & 3 ORS.
DR. DATE-BAH JSC: The Facts What is in issue in this suit is the jurisdiction of the High Court to hear a fresh action challenging an aspect of a consent judgment entered by a court of coordinate jurisdiction. The applicant bank brought action in the Commercial Division of the High Court against the interested parties in this suit in respect of a loan transaction.
Presiding Judge:ATUGUBA, J.S.C.
Coram:ATUGUBA ,DATE-BAH ,ANSAH ,ADINYIRA , BAFFOE-BONNIE
432    THE REPUBLIC VRS CENTRAL REGIONAL HOUSE OF CHIEFS EX-PARTE: OPANYIN KOBINA AMOAH ... APPLICANTS/RESPONDENTS/APPELLANTS KOJO NKRUMAH ... INTERESTED PARTY (APPELLANT/RESPONDENT)
Chieftaincy Act 971 (Act 370) sec 23(1) and sec 15(1) - Chieftaincy Dispute - factors to be considered in determining choice of judicial committee forum to hear chieftaincy petition.
Presiding Judge:WOOD (MRS), CJ
Coram:BROBBEY JSC, ANSAH JSC, DOTSE, J.S.C., BAFFOE-BONNIE,JSC
433    THE REPUBLIC VRS HIGH COURT, FAST TRACK 2, - RESPONDENT EX PARTE: GHANA LOTTO OPERATORS ASSOCIATION. - APPLICANT NATIONAL LOTTERY AUTHORITY - INTERESTED PARTY
State Proceedings - certiorari - ground - lack of jurisdiction - exceptions to exercise of discretion - where no useful purpose would be served - exceptional circumstances - not applicable. Ambit of power of transfer of cases given to Chief Justice - S. 104 (1) - (3) of Act 459 - Directions from Chief Justice Secretariat in contrast with order of transfer by Chief Justice.
Presiding Judge:ATUGUBA J.S.C
Coram:DATE-BAH,J.S.C., ANSAH,J.S.C., ADINYIRA (MRS),JSC, OWUSU,J.S.C.
434    THE REPUBLIC VRS NATIONAL HOUSE OF CHIEFS ... RESPONDENT/RESPONDENT/RESPONDENT EX-PARTE: ODENEHO AKROFA KRUKOKO II ... APPLICANT/RESPONDENT/APPELLANT OSAGYEFO KWAMENA ENIMIL VI ... INTERESTED PARTY/APPELLANT/RESPONDENT
Chieftaincy - Chief - National Register of Chiefs - Applicant applied for mandamus to Re-instate name - State Proceedings - Mandamus - Application for - Time frame for application - High Court (Civil Procedure) rules, 1954 (LN 140A) - Whether order 59 Rule 13 does not apply to mandamus - Time should run after demand to perform duty has been met with refusal - Stare Decisis - 1992 Constitution, art 136(5) - Decision of Higher courts binding on lower courts for certainty of law - Interlocutory judgments - Final and other interlocutory judgments - Distinction
Presiding Judge:DR. DATE-BAH, JSC
Coram:OWUSU (MS), JSC, DOTSE,JSC, ANIN YEBOAH, J.S.C, BAFFOE-BONNIE. JSC,
435    THE REPUBLIC VRS NII ADAMAH THOMPSON & ORS, EX-PARTE NII TETTEH AHINAKWAH II SUBSTITUTED BY FRANCIS NII AYIKAI BY ORDER OF THE COURT OF APPEAL DATED 25/3/2009
Courts - Supreme Court - Leave to amend statement of case - Whether court has power to allow party to amend statement of case - Leave to adduce fresh evidence - Applicable Rules - Appellate Court may permit fresh eviden in the interest of justice - Lower Courts - Jurisdiction - Lack of jurisdiction to adjudicate an issue - Aggrieved party raising for the first time issue of lack of jurisdiction on appeal - Whether appellate court should entertain plea not raised in court below.
Presiding Judge:AKUFFO (MS), J.S.C.
Coram:ANSAH,J.S.C., ADINYIRA (MRS.),J.S.C., DOTSE,J.S.C., BONNIE J.S.C
436    THE REPUBLIC VRS THE HIGH COURT JUDGE,SUNYANI ... RESPONDENT EX PARTE: ALHAJI COLLINS DAUDA ... APPLICANT YIADOM BOAKYE BOATENG ... INTERESTED PARTY
Election Petition - When cause of action arises - Jurisdiction of the High Court to entertain petition - Time for presenting petition - 1992 Constitution, art. 99 - Representation of the People Law 1992 (PNDCL 284), ss. 16,18,19 and 20.
Presiding Judge:ATUGUBA J.S.C
Coram:AKUFFO (MS),J.S.C.,DATE-BAH (DR) J.S.C., OWUSU (MS) J.S.C., B.BONNIE,J.S.C.
437    THE REPUBLIC VRS THE HIGH COURT, ACCRA - RESPONDENTS EX PARTE: CONCORD MEDIA LTD ALFRED OGBAMEY - APPLICANTS GHANA PORTS & HARBOUR AUTHORITY BEN OWUSU ANSAH - INTERESTED PARTIES
Supervisory jurisdiction of Supreme Court - Prohibition against trial judge - Bias and prejudice - Propriety of sworn statement by judge in answer to application - Registrar of trial court proper person to swear affidavit - Standard of proof in prohibition application where based on allegations to be as in civil proceedings.
Presiding Judge:BROBBEY JSC
Coram:DOTSE JSC, YEBOAH JSC, ARYEETEY JSC, GBADEGBE JSC
438    THE REPUBLIC VRS THE HIGH COURT, ACCRA - RESPONDENT EX-PARTE- 1. FARID DANIEL SALLOUM 2. FAWZI DANIEL SALLOUM 3. FAUAD DANIEL SALLOUM 4. JACOB DANIEL SALLOUM - APPLICANTS CHARLES SENYO COKER - INTERESTED PARTY
Practice and procedure - Writ of possession - Suppression of facts from trial court - Setting aside execution levied - Inherent jurisdiction of the court - Supervisory jurisdiction of the Supreme Court - Natural Justice. Audi alteram partem rule - Practice and procedure - The High Court Civil Procedure Rules CI 47 - Error of Law - Jurisdiction and non service of process.
Presiding Judge:DR. DATE-BAH JSC
Coram:DOTSE JSC, YEBOAH JSC, ARYEETEY JSC, AKOTO-BAMFO (MRS) JSC
439    THE REPUBLIC RESPONDENT VRS HIGH COURT, HO EX-PATRE: NANA DIAWUO BEDIAKO II APPLICANTS OMANHENE OF PAI TRADITIONAL AREA OMANHENE’S PALACE PAI KATANGA, KRACHI EAST DISTRICT NANA ADOMAKO MENSAH STOOL FATHER OF THE OMANHENE STOOL PAI TRADITIONAL AREA, PAI KATANGA 1. OPANYIN KWADWO ODUM INTERESTED PARTIES 2. CONSTANCE SAFO 3. BEN OWUSU aka KWAKU KURU 4. BEATRICE BOAME aka AUNTIE B 5. THE REGISTRAR, HIGH COURT, HO
State proceedings— Certiorari and prohibition— Jurisdiction— Application for bail pending appeal filed at the High Court, Ho— Whether proper¬— What applicants must show for grant— Applicants convicted by Circuit Court, Hohoe— Whether application be filed at the High Court, Hohoe— High Court Hohoe not functional at the time— Case be transferred to High Court, Hohoe now functional.
Presiding Judge:G. WOOD (MRS) C.J
Coram:J. DOTSE J.S.C, ANIN-YEBOAH J.S.C, N.S GBADEGBE J.S.C, V. AKOTO-BAMFO J.S.C
440    THE REPUBLIC ... PLAINTIFF/APPELLANT/RESPONDENT VRS HIGH COURT (COMM.DIV.),ACCRA EX-PARTE:THE ATTORNEY GENERAL OF GHANA ... APPLICANT 1.BALKAN ENERGY GHANA LIMITED 2.BALKAN ENERGY LLC 3.MR. PHILIP DAVID ELDERS ... INTERESTED PARTIES
Constitutional law - Referral to the supreme Court questions relating to interpretation of a provision of the constitution.
Duty of court before which application is made - Act 129,130,132 and 181 of the 1992 Constitution applied.

Presiding Judge:AKUFFO (MS), J.S.C.
Coram:DR.DATE-BAH JSC, ADINYIRA (MRS) JSC, GBADEGBE,J.S.C.,AKOTO-BAMFO (MRS.),J.S.C
441    THE REPUBLIC vrs. BARIMA BOSOMPEM DANSO II
This is an appeal against the judgment of the Eastern Regional Public Tribunal, dated 1st February, 1991. The appellant, the Chief of Tweapease, was charged before the Tribunal for “STATEMENT OF OFFENCES: stealing contrary to section 124(1) of Act 29/60 (Two counts)
Presiding Judge:ESSIEM, J.A.
Coram:ESSIEM, FORSTER, ACQUAH
442    THE REPUBLIC vrs. YAW KARIKARI AND 4 ORS.
AFREH. J.A.: - On 6th December, 2000, we acquitted and discharged the appellant who had been convicted on two counts of conspiracy to commit robbery and robbery by the Ashanti Regional Public Tribunal, Kumasi, chaired by Mr. K.B. Aning, sitting with Nana Siaw Antwi II and Nana Owusu Afriyie as panel members, on 26th January 1989.
Presiding Judge:AFREH, J.A.
Coram:AFREH, AKOTO-BAMFO, AMONOO-MONNEY
443    THE REPUBLIC VRS THE HIGH COURT, KOFORIDUA, NANA OTUTU KONO III, AKUAPEM TRADITIONAL COUNCIL
GEORGINA WOOD CJ: I have had the opportunity to read the opinions of my respected brothers and sister in this matter. Unfortunately, I do not agree with the majority views expressed by my respected brethren. To the contrary, I am inclined to agree with the opinion of my brother Dotse JSC. Consequently, it would in my view, be helpful if I briefly stated my reasons for allowing this application which seeks to invoke the supervisory
Presiding Judge:WOOD (MRS), C.J
Coram:WOOD, ATUGUBA, OWUSU, DOTSE, BAFFOE-BONNIE
444    THE REPUBLIC vrs HIGH COURT, COMMERCIAL DIVISION ACCRA; EX PARTE: DOUBLE CROWN INVESTMENT LTD., GRANADA HOTEL LTD.
ANIN YEBOAH, JSC:- The applicant herein is by this application invoking the supervisory jurisdiction of this court to quash an order of the High Court, commercial Division, Accra, dated the 30/10/08. The facts leading to this application do not appear to be in controversy and could be deduced from the exhibits and the affidavits filed in this application. The applicant was a defendant in
Presiding Judge:WOOD (MRS), C.J
Coram:WOOD (MRS), BROBBEY, DOTSE, ANIN YEBOAH, BAFFOE-BONNIE
445    THE REPUBLIC VRS HIGH COURT, FAST TRACK 1, ACCRA; EX-PARTE: NATIONAL LOTTERY
ATUGUBA, JSC: The Facts: On 13/8/2007 the interested parties, who are private lotto operators, issued a writ in the High Court against the applicant challenging the constitutionality of the National Lotto Act, 2006 (Act 722) on the grounds that it violates their 2 fundamental economic rights under the 1992 Constitution and claiming consequential reliefs. The issues as to constitutionality
Presiding Judge:ATUGUBA, J.S.C
Coram:ATUGUBA, DATE-BAH, ANSAH, ANIN YEBOAH, BAFFOE-BONNIE
446    THE REPUBLIC VRS HIGH COURT, KOFORIDUA; EX PARTE: DR KOFI ASARE AND 3 Others THE ELECTORAL COMMISSION
ATUGUBA,JSC: The Applicant was the New Patriotic Party Parliamentary candidate for the Akwatia constituency in the Eastern Region in the December 2008 Parliamentary Elections.
Presiding Judge:ATUGUBA, J.S.C:
Coram:ATUGUBA, ANSAH, OWUSU (MS), DOTSE, BAFFOE-BONNIE
447    THE REPUBLIC VRS NATIONAL HOUSE OF CHIEFS, EX-PARTE: ODENEHO AKROFA KRUKOKO II, OSAGYEFO KWAMENA ENIMIL VI
DR. DATE-BAH JSC:- What is before this Court is an appeal from proceedings that were initiated by an ex parte motion for leave to apply for an order of mandamus which was heard at the High Court, Kumasi. The motion was filed on 6th September 2004 and it 2 sought liberty to apply for an order of mandamus requiring the respondent, namely the National House of Chiefs: “(1) to delete from the National Register of Chiefs the name and particulars of Osagyefo Kwamena Enimil VI as Omanhene of the Wassa Fiase Traditional Area, And
Presiding Judge:DATE BAH, J.S.C
Coram:DATE BAH, OWUSU (MS), DOTSE, ANIN YEBOAH, BAFFOE-BONNIE
448    THE REPUBLIC VRS THE HIGH COURT JUDGE, SUNYANI; EX PARTE: ALHAJI COLLINS DAUDA, YIADOM BOAKYE BOATENG
DR. DATE-BAH J.S.C:- UNANIMOUS RULING This case raises an important issue of jurisdiction in relation to election petitions. It is this: does the High Court have jurisdiction to entertain any election petition under the Representation of the People Law 1992 (PNDCL 284) before the Electoral Commission has declared the results of that election?
Presiding Judge:ATUGUBA, J.S.C.
Coram:ATUGUBA, AKUFFO(Ms), DATE-BAH, OWUSU (Ms),, BAFFOE-BONNIE
449    THE REPUBLIC vrs THE HIGH COURT, ACCRA (COMMERCIAL DIVISION) EX-PARTE: DR. KWABENA APPENTENG AND 3 ORS
ATUGUBA, JSC:- Briefly stated, the facts of this case are as follows. The applicant until recently, one of the executors of the will of the late Samuel Christian Appenteng, on 18/4/2008 obtained, in a chain of steps, leave for the issue of a writ of possession, in respect of one of the properties of the estate of the said testator. However the purported execution of this writ was obstructed by the interested parties herein. The applicant
Presiding Judge:ATUGUBA, J.S.C.
Coram:ATUGUBA, ANSAH, BAFFOE-BONNIE, ARYEETEY, GBADEGBE,
450    THE REPUBLIC vrs THE HIGH COURT, ACCRA; EX-PARTE: WILLIAM ADDAE-ATCHEWEREBUO, OSEI AMANKWAH AND ORS
DOTSE, J.S.C:- On the 15th day of June, 2009, the Applicants herein, describing themselves variously as the elected Assembly members for the Tepo, Tepa-Manya, Akposo-Kabo and Bowiri Amanfrom electoral areas in the Jasikan District of the Volta Region of the Republic of Ghana respectively, brought the instant application seeking to invoke the supervisory jurisdiction of the Supreme Court for certiorari and prohibition directed at the High Court Accra then
Presiding Judge:WOOD (MRS), C.J
Coram:WOOD (MRS), ANSAH, OWUSU (MS), DOTSE, ANIN YEBOAH
451    THE REPUBLIC vrs THE HIGH COURT, CAPE COAST; EX PARTE: GHANA COCOA BOARD, NANA KWAKU APOTOI II
ATUGUBA, J.S.C: The facts of this matter have been masterly related by my able brother Dr. Date-Bah J.S.C. and I would repeat them only where necessary. This application is “for an Order of Certiorari to quash the decisions of the High Court, Cape Coast, presided over by His Lordship V.G.K AYIMEY given on the 10th September, 2008 and 17th September, 2008 in the matter NANA KWAKU
Presiding Judge:ATUGUBA, J.S.C.
Coram:ATUGUBA, DATE-BAH (DR.), ANSAH, OWUSU (MS), ANIN YEBOAH
452    THE REPUBLIC VRS THE HIGH COURT, KOFORIDUA EX-PARTE: AUGUSTUS OSAE-AKONNOR, SAMUEL AGYEI
OWUSU (MS), J.S.C.:- The Interested Party in this application issued a writ of summons in the Respondent’s court, Koforidua for the reliefs endorsed thereon as follows: i. “An order directing the Defendant to return Mercedes Benz S.500 with Chassis No. WDBNG84J5A460855 and BMW 745 LI with Chassis No. WBAGN6356DS56067 or their market value of US$186,000.” ii.
Presiding Judge:ATUGUBA, J.S.C.
Coram:ATUGUBA, AKUFFO, ANSAH, OWUSU, BAFFOE-BONNIE
453    THE REPUBLIC vrs. NII ANDREW KOTEY NMASHIE, JOYCELINE AYIKAI TAGOE,
Presiding Judge:ARYEETEY, J.A.
Coram:ARYEETEY, TWENEBOA-KODUA, ANIN YEBOAH
454    THE REPUBLIC vrs. ALFRED NII LANTE ADDY
APALOO, J.A. - In a ruling dated 22nd March, 2005 the High Court Accra presided over by His Lordship Kofi Akwaa J held as follows: “It is clear that the Plaintiffs herein not being parties in that suit are not entitled to derive any benefit from the judgment in this said suit. It follows that any order made under this judgment in favour of the applicants is null and void….. Application is therefore refused and Respondent discharged.”
Presiding Judge:APALOO, J.A.
Coram:OWUSU-ANSAH, PIESARE, APALOO
455    THE REPUBLIC vrs. AUTOMATED FAST TRACK HIGH COURT No. 4(ACCRA);EX-PARTE: STATE HOUSING COMPANY LTD
WOOD,(MRS) CJ:- In this motion to invoke the supervisory jurisdiction of this honourable court, the applicant prays for an order of certiorari directed at the Automated/Fast Track High Court (No 4), presided over by Her Ladyship, Mrs. Irismay Brown. The purpose is to bring up to this court and to have quashed the judgment of that court dated 20th March, 2008, granting GHC100, 000.00 to the Plaintiff (Interested Party herein) without notice to the Defendant
Presiding Judge:WOOD (Mrs), CJ
Coram:WOOD, BROBBEY, DOTSE, ANIN YEBOAH, BAFFOE-BONNIE
456    THE REPUBLIC vrs. CENTRAL REGIONAL HOUSE OF CHIEFS;EX-PARTE: OPANYIN KOBINA AMOAH
BROBBEY, J.S.C: The undisputed facts in this application were that the occupant of the Adonten Stool of the Twifo Hyeman Traditional Area died: Succession to that stool was the prerogative of the Aberadze family of that Traditional Area. It was alleged that the Obaapaanin and head of that family were acting on the instructions of the paramount chief of Twifo Hemang Traditional Area,
Presiding Judge:WOOD (Mrs), CJ
Coram:WOOD, BROBBEY, ANSAH, DOTSE, BAFFOE-BONNIE
457    THE REPUBLIC vrs. EDWARD ACQUAYE @NANA ABOR YAMOAH II EX-PARTE: CHARLES KWEKU ESSEL & ORS
DOTSE, J.S.C: William Blackstone, the 18th century English Jurist, is credited with the following statement, which has had profound application in common law jurisdictions including Ghana. He stated and I quote: “Better that ten guilty persons escape than one innocent suffer” The story is also told of a Chinese law Professor who, when he was advised on the American and common law belief that it was better that a thousand guilty men go free than one innocent man be executed, retorted “Better for whom?” The Chinese law Professor was answered thus:
Presiding Judge:AKUFFO (MS), J.S.C.
Coram:AKUFFO (MS), DATE-BAH,ADINYIRA (MRS), OWUSU (MS), DOTSE
458    THE REPUBLIC vrs. EMMANUEL MENSAH XENYO
OWUSU, J.A.: The Respondent herein was charged on one count of Defrauding by false pretence contrary to Section 131 of the Criminal Code and 5 counts of issue of false cheques contrary to Section 313A (1) of the same Criminal Code of 1960 as amended by N.R.C.D. 160. He was arraigned before the Circuit Tribunal chaired by His Honour C.L. Quist with him Messrs H.E. Golightly and H.H. Kpongo as panel members.
Presiding Judge:BROBBEY, J.A.
Coram:BROBBEY, ARYEETEY, OWUSU (MS)
459    THE REPUBLIC vrs. FAST TRACK HIGH COURT, ACCRA; EX-PARTE: SIAN GOLDFIELDS LIMITED
ANIN YEBOAH, JSC:- The applicant herein was sued by the interested party for recovery of a sum of money due and owing to the interested party. The usual ancillary relief of interest was also endorsed on the writ. The facts leading to the claim is not necessary for the determination of this application. It appears, however, that the interested party was represented by its lawful attorney, one Mr. Kwaku Twumasi Ampofo.
Presiding Judge:BROBBEY, J.S.C.
Coram:BROBBEY, ANSAH, ADINYIRA, DOTSE, ANIN YEBOAH
460    THE REPUBLIC vrs. HIGH COURT, FAST TRACK 2,
ATUGUBA, J.S.C: I agree with the Ruling of my able brother Dr. Date-Bah J.S.C. However I find it necessary to express my views on certain aspects of t his case. The first is the ambit of the power of transfer of cases given to the Chief Justice under S.104(1) – (3) of the Courts Act, 1993 (Act 459), as amended.
Presiding Judge:ATUGUBA, J.S.C.
Coram:ATUGUBA, DATE-BAH, ANSAH, ADINYIRA, BAFFOE-BONNIE
461    THE REPUBLIC vrs. KWABENA AMANING @ TAGOR & Another
YAW APPAU, J.A. Though I did not have the opportunity to read beforehand the elaborate and well elucidated lead judgment of my learned senior colleague Piesare, J.A., I agree with him in all respects that the appeal before us has all the merits in the world for which the convictions and sentences of the appellants must be quashed without any hesitation whatsoever. I also appreciate the wisdom he exhibited in the said judgment. I do not wish to add anything substantial to what my learned senior colleague has already said
Presiding Judge:PIESARE, J.A.
Coram:PIESARE, APPAU,ADDO
462    THE REPUBLIC vrs. MOHAMMED SULEMANA
DOTSE J.A. - On the 2ih day of November, 2001 NASIRU WAZIRI, the Applicant in a contempt application filed an Appeal against the Judgment of . the High Court, Accra presided over by Ebrasah, J. dated 29-10-2001 upon the following grounds: (i) "That the learned Judge erred in law in ordering recovery of possession of House No. B.518/24 Abeka, Accra in favour of the contemnor without giving a hearing to the Applicant thereby violating the Applicant's constitutional rights." (ii) That the Learned Judge lacked the jurisdiction to set aside the decision of His Lordship Gbadegbe J.A. (sitting as an additional Judge of the High Court) made on 2ih July, 2000. (iii) That the Learned Judge misdirected himself in law on the nature and import of the said decision made on 2ih July 2000 which misdirection
Presiding Judge:ARYEETEY, J.A.
Coram:ARYEETEY, OSEI, DOTSE
463    THE REPUBLIC vrs. NANA GYAKORANG ADU TWUM II vrs.
Mr. Anthony Gyambiby- This case came up for hearing on 20th February 1995. At the instance of Counsel for the appellant this case was adjourned sine die for reason that he was briefed at short notice the Court obliged him for adjournment
Presiding Judge:AMUAH, J.A.
Coram:AMUAH, ACQUAH, BADDOO
464    THE REPUBLIC vrs. NANA KWASI ADU, NANA KOFI ASUSEI, NANA OPPONG ASAMOAH
ARYEETEY, J.A.: This is an appeal against the ruling of the Kumasi High Court in a motion for an order of Attachment and/or committal for contempt in the court below against the respondents “for their various acts and conducts with respect to Nkekyerekyi lands especially the 1st Respondent’s act of allocating parcels of Nkekyerekyi lands to prospective developers as buildings plots and the 2nd Respondent’s act of reporting the applicant herein to the Striking Force Unit of the Ghana Police Service for criminal trespass in respect of Nterkyerekyi lands and the 3rd Respondent’s act of removing demarcation pillars on the said land which said diverse acts are calculated to bring the authority and administration of the law into [disrepute] or disregarded in the light of the
Presiding Judge:ARYEETEY, J.A.
Coram:ARYEETEY, MARFUL-SAU, MARIAMA OWUSU
465    THE REPUBLIC vrs. NATIONAL HOUSE OF CHIEFS, EX-PARTE: ODENEHO AKROFA KRUKOKO II, OSAGYEFO KWAMENA ENIMIL VI
DR. DATE-BAH JSC:- What is before this Court is an appeal from proceedings that were initiated by an ex parte motion for leave to apply for an order of mandamus which was heard at the High Court, Kumasi. The motion was filed on 6th September 2004 and it 2 sought liberty to apply for an order of mandamus requiring the respondent, namely the National House of Chiefs:
Presiding Judge:DATE-BAH (DR.), J.S.C
Coram:DATE-BAH, OWUSU (MS), DOTSE, ANIN YEBOAH, BAFFOE-BONNIE
466    THE REPUBLIC vrs. TARIHIRU BAKU
A brief background to this appeal is as follows: The respondent, Tahiru Baku was charged before the circuit tribunal with the offence of Causing Unlawfull Damage contrary to section 172 (1) (b) of Criminal Code, :1960 (Act 29). The particulars of offence read as follows: “Tahiru Baako © Ango:
Presiding Judge:TWUMASI, J.A.
Coram:TWUMASI, ARYEETEY, ADINYIRA(MRS)
467    THE REPUBLIC vrs. THE CENTRAL REGIONAL HOUSE OF CHIEF
Presiding Judge:ARYEETEY, J.A.
Coram:ARYEETEY, QUAYE, ANIM-YEBOAH
468    THE REPUBLIC vrs. THE GOVERNOR
AFREH, J.A.: This is an appeal from the ruling of the Regional Tribunal Accra chaired by B.O. Tetteh, J sitting with Messrs R.A. Quarshie and A.K. Arhin as Panel Members on 18/08/2000. The applicant/respondent herein (respondent) Sebastian Gavor, and two other persons were on 22/5/2000 charged with two counts of (1) conspiracy to steal
Presiding Judge:AFREH, J.A.
Coram:AFREH, AKOTO-BAMFO, AMONOO-MONNEY
469    THE REPUBLIC vrs. THE HIGH COURT (COMMERCIAL DIVISION) ACCRA, EX PARTE THE TRUST BANK,AMPOMAH PHOTO LAB LTD & 3 ORS. (INTERESTED PARTIES)
DR. DATE-BAH JSC: The Facts What is in issue in this suit is the jurisdiction of the High Court to hear a fresh action challenging an aspect of a consent judgment entered by a court of coordinate jurisdiction. The applicant bank brought action in the Commercial Division of the High Court against the interested parties in this suit in respect of a loan transaction. The parties to that suit agreed to settle their dispute and their agreement was embodied in a consent judgment of the Commercial Division of the High Court.
Presiding Judge:ATUGUBA, J.S.C.
Coram:ATUGUBA, DATE-BAH, ANSAH, ADINYIRA, BAFFOE-BONNIE
470    THE REPUBLIC vrs. THE HIGH COURT, COMMERCIAL DIVISION, ACCRA
ATUGUBA, JSC.: The facts of this case have been related by my learned sister and brother Rose Owusu and Baffoe-Bonnie JJSC respectively. I would not repeat them except where necessary. The legal issues that arose in this case are: (a) whether the trial High Court was right to issue a bench warrant for the arrest of the applicants, the directors and officers of the first applicant company, who failed to appear in court pursuant to service of committal process on the company;
Presiding Judge:ATUGUBA, J.S.C.
Coram:ATUGUBA, ANSAH, OWUSU, ANIN YEBOAH, BAFFOE-BONNIE
471    THE REPUBLIC vrs. THE HIGH COURT, KOFORIDUA
ANSAH, J.S.C. : The applicants herein applied to this court, pursuant to article 132 of the 1992 Constitution, for an order of certiorari directed at the High Court, Koforidua presided over by Anyimiah J, to quash a ruling by the said court dated 12 June 2008 in Suit No E149/2008 intituled Koans Building Solutions Ltd v William Ansah-Otu & Another. The ground for the application was that: “There was an error of law apparent on the face of the record.”
Presiding Judge:BROBBEY, J.S.C.
Coram:BROBBEY, ANSAH, ADINYIRA, DOTSE, ANIN YEBOAH
472    THE REPUBLIC vrs. THE HIGH COURT, SEKONDI; EX-PARTE: NICHOLAS BERNARD ASARE, DR. K. DUFFOUR
Applicant present. Ebow Awotwi represents Interested Party. Joseph Nicholas Nkrumah (with Festus Owusu Baidoo) for applicant. Thaddeus Sory for Interested Party. BY COURT: Upon this application coming up at the last sitting Thaddeus Sory for the interested party reiterated his careful and interesting submissions as to the computation of time for this application.
Presiding Judge:ATUGUBA, J.S.C.
Coram:ATUGUBA, ADINYIRA (MRS), OWUSU (Ms), ANIN-YEBOAH, BAFFOE-BONNIE
473    THE REPUBLIC vrs. THE JUDICIAL COMMITTEE OF THE ANLO TRADITIONAL COUNCIL
AKAMBA, J.A.: -On 18th May 2001 the High Court, Denu, presided over by E.M.Boateng, J. granted an application filed by the Applicant/Respondent herein Togbi Gbordzor III, (hereinafter referred to simply as the Respondent) prohibiting the judicial committee of the Anlo Traditional Council from proceeding to hear and determine an interlocutory application for injunction against the aforementioned respondent pending before it. The facts leading to the ruling of the High Court briefly are that the Appellants herein as Interested Parties filed a petition, on 18th October 1996 before the Judicial Committee of the Traditional Council Anloga against three Defendants/Respondents namely Micheal Dorlefiame Anthonio, Annie Tsikata and C.Y Tetteh, seeking the following reliefs namely:
Presiding Judge:ADINYIRA (MRS)
Coram:ADINYIRA (MRS), AKAMBA, DOTSE
474    THE REPUBLIC vrs. THE VICE CHANCELLOR KWAME NKRUMAH UNIVERSITY OF SCIENCE &TECHNOLOGY
ANIN YEBOAH, J.S.C: This is an appeal against the decision of the Court of Appeal dated the 28th February, 2008. The appellants were at the time material to this action, students of the Kwame Nkrumah University of Science and Technology at Kumasi pursuing various degree courses. On the 25th August, 2006, the Registrar of the University (the respondent herein) acting on the instructions of the Vice – Chancellor wrote to each of the appellants dismissing all of them from the University.
Presiding Judge:BROBBEY, J.S.C.
Coram:BROBBEY, OWUSU(MS), DOTSE, ANIN YEBOAH, BAFFOE-BONNIE
475    THE REPUBLIC vrs.THE AUTOMATED FAST TRACK HIGH COURT ACCRA
R.C. OWUSU, J.S.C:- In an application to invoke the supervisory Jurisdiction of this Court under Article 132 of the 1992 constitution, the Applicant is praying for an order of certiorari directed to the Fast Track High Court 3, presided over by His Lordship P.K. Gyeasayor J, (as he then was) to move into this court for the purpose of quashing same the ruling of that court dated 10th March 2008 and the entire proceedings before the said court. The Applicant seeks a further order to prohibit
Presiding Judge:DATE-BAH, J.S.C.
Coram:DATE-BAH, ANSAH, OWUSU (MS), DOTSE, ANIN YEBOAH
476    THEODORE ADJEI OSAE (DR.), TREBI ASIIITEY, T.S.OSAE vrs NUMO NORTEY AD.JEIFIO, EMPIRE BUILDERS LIMITED, NUMO ADJEI KWANKO II
BROBBEY, J.S.C: On I7th November 2000. Asare-Korang J (as he then was) entered judgement for the appellants who sued the first two respondents amongst others for the a declaration of' title to the Land. a description of' which was endorsed on the writ of summons and perpetual injunction restraining them, their servants, agents or assigns from having anything to do with the land. Dissatisfied with the judgment. the respondents appealed to the Court of Appeal which allowed the appeal and entered. Judgement in their favour. The appellants then appealed to this court against the decision of 'the Court of'Appeal.
Presiding Judge:AKUFFO (MISS), J.S.C.
Coram:AKUFFO, BROBBEY, ANINAKWA, ASIAMAH
477    THOMAS KWAKU MARFO, YAA POKUA vrs. KWAME ANTWI A. BOATENG, PATRICIA NYANKOMANGO
GBADEGBE, J.A.:- This is an appeal from the decision of an Accra Circuit Court that allowed in favour of the respondents herein their claims in respect of the disputed property situate at La-Bone in Accra. In his judgment, the learned trial judge accepted the case of the respondents that the disputed property belongs to the maternal family of the deceased Opanyin Kutu Acheampong as well as ancillary reliefs Following the said judgment; the appellants initiated a process by way of judicial correction before us in these proceedings.
Presiding Judge:GBADEGBE, J.A.
Coram:GBADEGBE, PIESARE, DUOSE
478    TOGBE MANKLALO DAGADU III & 19 OTHERS vrs. AGBOTADUA ATAKLI & 2 ORS.
FARKYE, J.A. - This judgment is in respect of an Interlocutory appeal against the ruling of the High Court Ho, dated 14th April 2003. The facts of this case are that the Plaintiffs/Respondents on 11th December, 2001 issued a writ or summons against the Defendants/Appellants claiming:- (1) Declaration that by the proper and true construction of the two Powers of Attorney dated 18/9/70 and 14/7/88 respectively, the attorneys thereof have no title, right or authority to alienate title of any Fievie tribal land by sale, lease, gift, mortgage or otherwise. (2) Declaration that the purported sale, lease or alienation of any Fievie tribal land by the defendants herein under the said Powers of Attorney was Ultra Vires the powers granted them and is therefore null and void and of no effect.
Presiding Judge:FARKYE, J.A.
Coram:FARKYE, ASIAMA, KUSI APPIAH,
479    TONY ADAMS vrs. ANANG SOWAH
ATUGUBA, J.S.C: The Defendant-appellant-applicant (hereinafter called the execution debtor) applies to this court "for the stay of execution of the order for delivery of possession of H/No 6C 153/29, East Legon, Mpeasem, Accra and or suspension of the enforcement of the said order for delivery of possession." It will be seen from the formulation of this application that the alternative form of the order, it is a mere variation of language;
Presiding Judge:OWUSU (MS), J.S.C:
Coram:ATUGUBA, ANSAH, OWUSU, ANIN YEBOAH, BAFFOE-BONNIE
480    TORDIA SAKARIA AND LEWIS MULLEN
This is a Sheriff's Interpleader Claim. In the case of REPUBLC VRS HIGH COURT ACCRA; EXPARTE ANYAN (PLATINUM HOLDINGS INTERESTED PARTY) (2009) SCGLR 225, the Supreme Court stated:
Presiding Judge:RICHARD ADJEI-FRIMPONG
Coram:RICHARD ADJEI-FRIMPONG
481    TSATSU TSIKATA --- RESPONDENT/APPELLANT VRS THE REPUBLIC --- APPELLANT/RESPONDENT
Criminal Law - Arrest of judgment - Whether delivery of judgment by High Court and pendency of appeal therefrom renders appeal moot - Constitutional Law - Statutory immunity and waiver - International Bank, Fund and Finance Corporation (IFC) 1958, s.8 of Schedule to LN 9 - Interpretation of statutes.International Law - Immunity international organizations.
Presiding Judge:ATUGUBA JSC
Coram:AKUFFO,J.S.C.,ANSAH,J.S.C.,ADINYIRA (MS),J.S.C.,BAMFO,J.S.C.
482    UNIBANK GHANA LTD. VRS. UNIVERSAL OIL
The defendant does not have deny the liability endorsed on the writ of Summons and proved by Exhibits A, B and C. Its witness, Mr. Lamptey while presenting to this court that the debt arose because its affairs were mismanaged, also admits that this situation has nothing to do with the bank/creditor
Presiding Judge:GERTRUDE TORKORNOO
Coram:GERTRUDE TORKORNOO
483    UNITED BANK FOR AFRICA GHANA LTD VRS PAYOLA VENTURES AND ANOR
At all times material to this suit there was a bank-customer relationship between the Plaintiff and the 1st defendant Company. The 2nd Defendant was the Managing Director of the 1st Defendant. The case put forward by the Plaintiff as pleaded in its amended statement of claim is that on 6th May 2007 it
Presiding Judge:RICHARD ADJEI-FRIMPONG
Coram:RICHARD ADJEI-FRIMPONG
484    URITY DISCOUNT COMPANY LTD VRS EMMANUEL ADDO ENT. LTD. & ANOR
Presiding Judge:JUSTICE RICHARD ADJEI-FRIMPONG
Coram:JUSTICE RICHARD ADJEI-FRIMPONG
485    USICO LTD VRS VANFRED MINING SERVICE
The main purpose of interpleader proceedings was stated in the case of SALAMI VS. SHARANI (1973) 2 GLR 364 as follows: “The most important object of an interpleader suit was to enable the deputy sheriff against whom the claim was made and who had seized the property and was now in possession thereof, to obtain relief and to get a decision of the court as regards the person to whom he had to release the property”.
Presiding Judge:JUSTICE RICHARD ADJEI-FRIMPONG
Coram:JUSTICE RICHARD ADJEI-FRIMPONG
486    UT BANK LIMITED VRS. MODERN MEMARKS,NANA MENSAH NYANOR
Presiding Judge:BARBARA ACKAH-YENSU
Coram:BARBARA ACKAH-YENSU
487    W. 0. II KWABENA ADDO vrs. THE REPUBLIC
BADDOO, J.A.: The appellant Warrant Officer Class II, Kwabena Addo was tried by the Disciplinary Court Martial of the Ghana Armed Forces, on two counts of Conduct to the Prejudice of Good Order and Discipline contrary to Section 54(1) of the Armed Forces Act 105 of 1962.
Presiding Judge:OFORI-BOATENG, J.A.
Coram:OFORI-BOATENG, BADDOO, GBADEGBE
488    WILLIAM AFELETE DOE vrs. THE REPUBLIC
AKOTO-BAMFO(MRS) J.A. :- The appellant and one other person who were both employees at the Kintampo branch of the Ghana Commercial Bank were arraigned before the Brong Ahafo Regional Tribunal on charges of conspiracy to commit a crime, falsification of accounts and stealing contrary to Sections 23(1), 140 and 124 respectively of the Criminal Code, Act 29.
Presiding Judge:AFREH, J.A.
Coram:AFREH, AKOTO-BAMFO, AMONOO-MONNEY
489    WILLIAM BROWN vrs. ATTORNEY-GENERAL, MINISTER OF FINANCE, CONTROLLER & ACCOUNTANT-GENERAL
WOOD (MRS), CJ:- On the 7th August 2009 the plaintiff, William Brown, instituted these proceedings invoking the original jurisdiction of this court, in his dual capacity. First, as a concerned citizen of Ghana, pursuant to article 2(1) (b) of the 1992 constitution,
Presiding Judge:WOOD (MRS), C.J
Coram:WOOD (MRS), DATE-BAH, OWUSU (MS), DOTSE, ANIN YEBOAH
490    WILLIAM G.K. THOMPSON --- PLAINTIFF/RESPONDENT/RESPONDENT VRS TOTAL GHANA LIMITED --- DEFENDANT/APPELLANT/APPELLANT
Contract of employment - Suspension of employee - Basis of suspension to be proved by employer - Burden of proof - Admission of inadmissible evidence during trial - Duty of the judge when giving judgment - Evidence Act 1975,ss.11(4),14,52 and 118.
Presiding Judge:WOOD (MRS), CJ
Coram:BROBBEY JSC, DOTSE,JSC, YEBOAH,JSC, GBADEGBE,JSC
491    WILLIAM G.K. THOMPSON vrs. TOTAL GHANA LIMITED
QUAYE, J.A.:- The plaintiff/respondent herein claimed in his evidence in the trial court that he was employed by, and remained in the service of the defendants/appellants for sixteen years. This allegation of fact did not raise an issue in the eyes of the appellants. No issue was therefore joined on this allegation. It stands out however that neither in his writ of summons, the statement of claim, nor in his evidence before the court below, did the respondent give any indication as to when exactly his relationship with the appellants as employee started.
Presiding Judge:QUAYE, J.A.
Coram:QUAYE, APALOO, GYAESAYOR
492    WILLIAM TIMBILLA VS REJOICE BAMALABONG & ANOR SURAKA ABDUL RAMAN LARY
On the 17th of June, 2010 this court entered judgment for the Plaintiff against the Defendant in the main suit to recover the sum of GH¢63,360 being the cedi equivalent of €36,000 with interest and costs in the sum of GH¢2,000. To reap the fruit of the judgment the Plaintiff caused to be attached by a writ of fifa a FORD AERO MAX
Presiding Judge:RICHARD ADJEI-FRIMPONG
Coram:RICHARD ADJEI-FRIMPONG
493    WINFRED MILOR ANANE KOFI AKPBEY vrs THE REPUBLIC
ESSILIFIE-BONDZIE, J.A.: The appellant (who will hereinafter refer to as the 1St accused) was originally charged together with five other accused persons. The 5th and 6th accuseds were tried in absentia. 3d and 4th accused were acquitted and discharged. The 1st and 2nd accused persons were found guilty of Count 1 and convicted.
Presiding Judge:AMUAH, J.A.
Coram:AMUAH, ESSILlFIE-BONDZIE, AFREH
494    WOEDEM KUNUTSOR vrs. ADJIN TETTEH & ORS.
APALOO, J.A.:- This is an appeal from the decision of the Fast Track Division of the High Court in Accra dated 2nd February 2006. The decision was a ruling which restrained the Defendants/Appellants whether by themselves, agents, servants, assigns and privies from going on to the disputed land to demarcate, dig, construct, weed, harvest or fell any tree on the land until the action is finally determined by the court.
Presiding Judge:DOTSE, J.S.C
Coram:DOTSE, QUAYE, APALOO
495    YAA ANTWI - PLAINTIFF/APPELLANT/RESPONDENT VRS N.T.H.C - DEFENDANT/RESPONDENT/APPELLANT
Contract - Invitation to treat - Offer and Acceptance - Factors necessary to distinguish invitation to treat from offer are definiteness and finality of proposed terms.
Interest - Payable from date obligation of money became due.

Presiding Judge:AKUFFO (MS) (PRESIDING)
Coram:DATE-BAH (DR) JSC, ADINYIRA (MRS) JSC, OWUSU (MS) JSC, DOTSE JSC
496    YAA ANTWI vrs. N.T.H.C.
DR. DATE-BAH JSC: This case calls for resort to the basic analytical tools for determining the formation of contracts, including offer, invitation to treat, acceptance and intention to create legal relations, which are to be found set out in the earlier chapters of textbooks, and practice books, on the law of contract. To our mind, the outcome from the application of those tools is clear and self-evident. We are, thus, surprised that this case has had to travel this far for its resolution.
Presiding Judge:AKUFFO, J.S.C.
Coram:AKUFFO, DATE-BAH, ADINYIRA , OWUSU, DOTSE
497    YAKUBU BRAIMAH, JIBRIEL BRAIMAH vrs. SHELL [GH] LTD.AND 7 OTHERS
ASARE KORANG, J.A. - Section 10(1) & (2) of the Limitation Decree 1972 (NRCD 54) states: “(1) A person shall not bring an action to recover a land after the expiration of twelve years from which the right of action accrued to the person bringing it or, if it first accrued to a person through whom the first mentioned claims to that person. (2) A right of action to recover land does not accrue unless the land is in the possession of a person in whose favour the period of limitation can run.” It is also provided in Section 22 (1) & (2) of the said Decree as follows:
Presiding Judge:ASARE KORANG, J.A.
Coram:ASARE KORANG, KANYOKE, MARFUL-SAU
498    YAW GALLEY vrs.THE REPUBLIC
ACQUAH, J.A.:- The issue involved in this application is the determination of the Court or Tribunal to-entertain appeals by aggrieved parties in cases tried (in between 7th January, 1993, and 6th July, 1993,) under section 7(1) of the Transitional Provisions of the 1992, Constitution. This of course, implies that such aggrieved parties have a right of appeal. But do they? The applicant, Yaw Galley, was tried on two counts of fraud by the Tema sub-regional Public Tribunal. He was convicted on 14th June, 1993, and sentenced to 5 years I.H.L. On 27th September, 1994, he filed the instant application for extension of time to lodge the appeal at the Court of Appeal.
Presiding Judge:AMUAH, J.A.
Coram:AMUAH, ACQUAH, BADDOO
499    YAW OPPONG - DEFENDANT/APPELLANT VRS CHARLES ANARFI - PLAINTIFF/APPELLANT/RESPONDENT
Practice and procedure - Contract of sale - Loan agreement features, receipt as an instrument affecting land.
Interlocutory order - Appeals - Court of Appeal Rules (CI 19), Rules 9(1) - Wrongful admission of document - Evidence Act 1975, s.5.

Presiding Judge:ATUGUBA JSC
Coram:DR. DATE-BAH JSC, OWUSU JSC, ARYEETEY JSC, AKOTO-BAMFO (MRS) JSC
500    ZAINABU ALI @ ABU & 1 OR. vrs. HAJIA HADIZA & 4 ORS.
AKAMBA, J.A. - This is an interlocutory appeal from the ruling of Gyaesayor J, delivered on 5th November 2003 at the High Court Ho. The appellant assails the court’s ruling on five grounds namely: (i) The learned judge’s refusal to order a full inventory of the deceased’s estate contrary to law and the rules of procedure. (ii) The learned judge erred in ruling that an order for inventory of all property in dispute had been made when in fact no such order had been made. (iii) The learned judge failed to exercise his discretion judiciously by refusing to restrain the defendants from dealing with the property in dispute during the pendency of the suit. (iv) The learned trial judge erred in law by failing to order the defendants as Administrators to render accounts to the plaintiffs. (v) The learned trial judge’s refusal to order the defendants to produce all documents Of title on the six (6) houses and the four (4) vehicles of the deceased was contrary to the rules of procedure.
Presiding Judge:FARKYE, J.A.
Coram:FARKYE, AKAMBA, APALOO
501    ZAKARI BAKARI vrs. THE PEOPLE
ESSILIFIE-BONDZIE, J.A.: This as an appeal from the judgment of the Northern Regional Public Tribunal sitting at Tamale on the 12th October., 1989, The appellant (who will hereinafter referred to the 1st accused) was charged with a one count of doing an act with intent to sabotage the economy of Ghana contrary to section 9(1) (f) of PNDC Law 78 and section 16 of PNPC Law 78.
Presiding Judge:AMUAH, J.A.
Coram:AMUAH, BROBBEY, ESSILIFIE-BONDZIE