SUBJECT MATTER OF CASES

Administration of estate -Intestate  succession -letters of administration - Revocation - Deed of Conveyance - Perpetuation of fraud- Whether or not the sale of house by a deed of conveyance to the Defendant was fraud and therefore null and void - whether or not the defendant was aware of the fraud and that the sale was null and void because the vendor had no power to sell the property - Whether or not defendant was an innocent purchaser for value - KWABENA OFORI  ODURO , MARY  ODURO, AGNES  ODURO  VRS ISAAC KWASI OWUSU  (SUBSTITUTED BY ADU BAFOUR)   CIVIL APPEAL NO.   J4/22/2013   29^TH  JULY 2015

Agreement - Building contract - Abrogation of agreement - Re-awarding Contract - Breach of contract - General damages – Unstamped documents -  Whether or not the judgment of the learned justices of the Court of Appeal violates the clear and unambiguous provisions of the Stamp Act, 2005 (Act 689) - Whether or not the judgment of the learned justices of the Court of Appeal violates the clear and unambiguous provisions of the Court’s Act 1993 (Act 459) on rulings regarding stamping - Whether or not the Court of Appeal erred in reducing the quantum of general damages awarded by the trial court - LIZORI  LIMITED VRS MRS. EVELYN BOYE CIVIL APPEAL.  No J4/8/2012 26^TH JULY, 2013

Agreement – Construction contract - Abrogation of the agreement - Right to ownership - Disputed property.- Stay of Execution - Whether the injunction would render the Plaintiff’s appeal, if successful, nugatory - Whether there are exceptional circumstances that warrant a Stay of Execution - Whether the failure to order an undertaking does not, by itself, warrant a Stay of Execution - CHARLES OSEI  VRS.  DOROTHY   ABOAGYE,ABENA KONADU CIVIL APPEAL    NO.J4/18/2014  30TH  JULY 2014

Agreement - Lease - Aircraft - Official Liquidation - Section2 (2) of the Bodies Corporate (Official Liquidation) Act, 1963 (Act. 180) - Estoppel - Interest on the sum owed - Damages for breach of contract – Cost – Whether or not appellant had capacity to institute the action - CLIPPER LEASING CORPORATION VRS THE  ATTORNEY-GENERAL    GHANA AIRWAYS IN LIQUIDATION CIVIL APPEAL NO.J4/40/ 2015   9^TH   MARCH 2016

Agreement.  - Mining exploration - Breaches of – Arbitration - Relisting  - Counterclaim -  Procedural rules to govern arbitration -  Or.81 -  High Court (Civil Procedure) Rules, 2004 C.I.47 – Effect of No compliance with Rules - Whether or not the striking out of a case sent it out of the cause list for trial but not out of the jurisdiction of the court - Whether or not the absence of an application for relistment is a curable procedural defect - Whether or not the moment the reference of the matter was made to arbitration pursuant to the contractual arbitration clause the whole matter fell to be regulated by the Arbitration Act, 1961 (Act 38) - s.137(2) (b) of  - Alternative Dispute Resolution Act, 2010 (Act 798) - WESTCHESTER RESOUCES LTD.  VRS ASHANTI GOLDFIELDS CO. LTD AND AFRICORE (GH) LTD. VRS ASHANTI GOLDFIELDS CO. LTD CONSOLIDATED CIVIL APPEAL NO. J4/63/2013 11^TH NOVEMBER,2015

Auction sale – Property - Annulment of the auction sale - Alleged irregularities - Certificate of Purchase – Whether or not the court erred in not giving adequate consideration to the plight of the Applicant - Whether or not the court erred in ignoring the fatal error committed by the Registrar of the High Court in issuing Certificate of Purchase even though there was a motion pending challenging the auction sale - Whether or not the case amounts to special circumstance that warrants a grant of stay of execution - Order 45,Rules 10 and 11 - High Court (Civil Procedure) Rules, 2004, C.I. 47 - MASS PROJECTS LTD. VRS. STANDARD CHARTERED BANK, YOO MART LTD CIVIL MOTIONNo. J8/80/2013 22^ND AUGUST,2013

Auction sale  - Stay of execution - Setting aside sale for irregularity - Whether auction sale was tainted by fraud and deceit, same was void and time - whether a court can set aside th sale  a  time appellants were in negotiations with respondents- GUARANTY TRUST BANK (GH) LTD VRS  WESTERN STEEL & FORGINGS LTD    AND OTHERS  CIVIL APPEAL   NO. J4/34/2016    31^ST MAY, 2017

Banking - Agreement – Financial transaction - Overdraft facility - Property as security - Interest payment – Recovery of money - Whether or not the judgment was against the weight of evidence - Whether or not the Court of Appeal failed in its duty to properly evaluate the evidence adduced at the trial - ERIC KOFI ASAMOAH VRS STEPHEN NYAMEKYE CIVIL APPEAL NO. J4/03/2019 8^TH MAY, 2019

Banking - Banking license - Bank  of Ghana and Head of Banking Supervision -  Recovery of liquidated sum of money - Commission of fraud - Illegally and fraudulently in foreign transactions - Breach of article 183.2(d) - 1992 Constitution - Bank of Ghana Act, 2012 ( Act 612) - Banking Act, 2004 ( Act 673) – Whether or not the justices ought to have granted the appellant leave to enter appearance out of time  Order 10 - High Court (civil Procedure) Rules, CI 47 - REV. ROCHER DE-GRAFT SEFA & ORS VRS. BANK OF GHANA CIVIL  APPEAL  NO. J4/51/2014 19^TH  NOVEMBER 2015                                                                               

Banking - Banking license - Bank  of Ghana and Head of Banking Supervision -  Recovery of liquidated sum of money - Commission of fraud - Illegally and fraudulently in foreign transactions - Breach of article 183.2(d) - 1992 Constitution - Bank of Ghana Act, 2012 ( Act 612) - Banking Act, 2004 ( Act 673) – Whether or not the justices ought to have granted the appellant leave to enter appearance out of time  Order 10 - High Court (civil Procedure) Rules, CI 47 - SAMUEL GYAMFI  & ORS.VRS BANK OF GHANA CIVIL  APPEAL NO. J4/52/2014 19^TH  NOVEMBER 2015

Banking - Credit facility – Agreement -  Interest - Whether or not it is propriety in invoking the inherent jurisdiction of this court to clarify areas of doubt or ambiguity - NDK FINANCIAL SERVICES LTD.  VRS  HAROLD NTORINKANSAH GLICO GENERAL INSURANCE , ADDICENT FOODS LIMITED, HANSAS COMPLEX,  MILLICENT NTORINKANSAH CIVIL  APPEAL  NO. J4/39/2013  31^ST JULY 2014 

Banking - Judgment  - Default judgment  - Setting aside -  Application for leave to adduce fresh evidence). – Whether or not an appellate court could entertain an application to adduce fresh evidence on appeal in respect of a default judgment wherein no evidence was adduced at the trial court. - Supreme Court Rules, C.I.16, - Rule 76(1)(2)  - Article 183  - 1992 Constitution - High Court Rules, 2004, C.I. 47 -  Order 10 rule 8 - REV. ROCHER DE-GRAFT SEFA , ERNEST KWASI NYAME ASIEDU VRS BANK OF GHANA, ONWARD  INVESTMENT AND CIVIL MOTION No. J8/76/2014   SAMUEL GYAMFI. VRS. BANK OF GHANA ONWARD INVESTMENT CIVIL MOTION  No. J8/75/2014  29TH JULY 2014

Banking - Loan and overdraft facilities - Recovery of - Interest on the sums - Fresh action – setting aside judgment - Whether or not judgment was fraudulently and maliciously procured - Whether or not the judgment is against the weight of evidence on record - whether the writ placed before second High Court judge was competent and whether the High Court had the jurisdiction to entertain same - Whether or not dissatisfied party on the first court’s decision on the issues before him could only have redress on appeal - OSEI YAW ANNING VRS STANBIC BANK GHANA LTD. CIVIL APPEAL NO. J4/ 72/ 2018 30^TH JANUARY, 2019

Banking – Non - banking financial institution - Credit facility – Agreement - Guarantee  - section 5 (1) - Contract Act (Act) 25. - Contract of haulage - Interest rate - Refusal to honour the undertakings – Whether or not the Ministry of Energy was a guarantor to the loan - Whether or not the letter of undertaking constituted the only security for the loan transaction between to the exclusion of the Mortgage over the landed property - Whether or not 2^nd defendant has paid all proceeds under the haulage contract to 1^st defendant contrary to the undertakings aforesaid - NDK FINANCIAL SERVICES LTD VRS AHAMAN ENTERPRISES LTD ATTORNEY GENERAL ALEX   A.  ADUKO CIVIL APPEAL NO. J4/23/2013   28^TH NOVEMBER, 2014 

Banking - Overdraw of accounts – Oral contact - No  execution of formal Agreement – Property - Deposition of title deeds as security for the credit facility – Interest on at the prevailing bank rate on overdraft facility - Sale of property – Power of Attorney – Capacity -  Whether or not the respondent in refusing to grant the loan in full constituted to breach of the loan agreement - Whether or not the plaintiff’s attorney had capacity to institute the action for the reliefs sought - Order 11 rule 13 - High Court [Civil Procedure] Rules CI 47 - HFC BANK (GHANA) LTD (SUING PER ITS LAWFUL ATTORNEY EXPERTS CONSULT LIMITED)    VRS JACOB ABEKA CIVIL APPEAL NO. J4/05/2018 12TH JUNE, 2019

Banking - section 47 - Anti-Money Laundering Act, 2008 (Act 749) - Fraudulent deal - Section 161 - Evidence Act N.R.C.D 323 – Article 132 - 1992 Constitution  - Certiorari - Whether or not the trial judge exceeded her jurisdiction- Whether or not the  freezing order should have been restricted to this particular transaction only -. THE REPUBLIC  VRS. THE HIGH COURT (FINANCIAL DIV.) ACCRA  EX PARTE:  JAMES  AWUNI THE CHIEF  EXECUTIVE OFFICER  FINANCIAL INTELLIGENCE CIVIL MOTION  NO.J5/31/2014  5^THNOVEMBER 2014

Banking - Promissory notes - Guarantee -  Interest  - Capacity to sue -  Whether Managing Director, was thought to have guaranteed payment of the promissory notes upon maturity. - whether the court could waive non- compliance with all rules of practice - STANDARD BANK OFFSHORE TRUST COMPANY LIMITED (SUING ON BEHALF CERTAIN INVESTORS IN PROMISSORY NOTES SPYNX CAPITAL MARKETS PCC INVESTORS &TRICON TRADE MANAGEMENT LIMITED SUBSTITUTED BY: DOMINION CORPORATE TRUSTEES LIMITED VRS  NATIONAL INVESTMENT BANK LIMITED , ELAND INTERNATIONAL GHANA LIMITED , DANIEL CHARLES GYIMAH CIVIL APPEAL NO. J4/63/2016  21^ST JUNE, 2017

Banking  - Writ of fifa - Loss of earnings - Unlawful sealing - Award of damages - Whether or not certain items were removed from the premises of the plaintiff company - ROM ENGINEERING LTD   VRS NATIONAL INVESTMENT BANK  WESTEC  SECURITY CIVIL  APPEAL NO.J4/29/201416^TH  JULY 2014

Certiorari - Invoking supervisory jurisdiction - Article 132 of the 1992 Constitution - Mandamus Diplomatic Immunities Act (1962) Act 148- Whether the court had no jurisdiction to make orders in respect of premises being used for a diplomatic mission on account of diplomatic immunity - Whether the applicant was not a party to the suit, so he has no locus standi to apply for certiorari - Whether application was filed out of time - THE REPUBLIC VRS HIGH COURT ACCRA EX PARTE: THE CHARGE D’AFFAIRES CIVIL BULGARIAN EMBASSY,ACCRA THE LAND TITTLE  REGISTRY, THE  LAND  COMMISSION MINISTRY  OF  FOREIGN  AFFAIRS  THE ATTORNEY  GENERAL JOJO  HAGAN  (ADMINISTRATOR OF THE ESTATE OF THEOPHILUS  K.  LEIGHTON) MOTION   NO.J5/34/2015  24TH  FEBRUARY  2016

Chieftaincy  - Review - Judicial Committee - National House of Chiefs - Regional House of Chiefs - Whether or not the court was bias - Whether or not there were fundamental and basic errors of law and facts committed by the Court, not necessarily amounting to bias, but causing a substantial miscarriage of justice to the applicants - whether by custom the Jamasihene has the right to take away the stool of Yonso from the Bedomasi-Bretuo family and give it to any other person IN THE MATTER OF NANA YEBOAH-KODIE ASARE II, NANA KWAME SARFO KANTANKA  VRS  NANA KWAKU ADDAI, NANA OFORIWAA AMANFO, NANA KWAME BROBBEY, NANA OWUSU ACHIAW, NANA AGYAPONG, OPANIN ATAKORA MANU, ADDAE BOATENG, FRANCIS YAW ADUSEI CHIEFTANCY  REVIEW   No.  J7/20/2014 MOTION  12^TH  FEBRUARY 2015 

Chieftaincy – Cause or matter affecting chieftaincy - Chieftaincy Act, 2008 (Act 759) - Section 57 (1) -  1992 Constitution -  Article 277  - Distoolment -  Definition of a Chief - Judicial Committee of the National House of Chiefs -  Whether a person who has no real connection or at all to royalty can aspire to Chiefly office –- Whether the allegation of bias has been adequately made against some panel members -   IN THE MATTER OF NANA YEBOAH-KODIE ASARE II,  NANA KWAME SARFO KANTANKA VRS  NANA KWAKU ADDAI, NANA OFORIWAA AMANFO,NANA KWAME BROBBEY, NANA OWUSU ACHIAW, NANA AGYAPONG, OPANIN ATAKORA MANU YONSO, ADDAE BOATENG, YONSO, FRANCIS YAW ADUSEI YONSO  CHIEFTANCY APPEAL  No.J2/2/2013  21^ST  MAY 2014 

Chieftaincy - Cause or matter affecting chieftaincy - Jurisdiction- Section 76 and  26 of the Chieftaincy Act2008, Act759 and Section 57 of the Courts Act1993 Act 259 -Whether purported decision taken at an alleged Council meeting  procuring to have inserted the name of the defendant as the Osu Mantse in the National Register of chiefs was obtained by the fraud - Whether matter was a cause or matter affecting chieftaincy  - NII NORTEY OWUO III VRS.   GA TRADITIONAL COUNCIL ,NII DODOO NSAKI III, GREATER ACCRA REG. HOUSE OF CHIEFS,NATIONAL HOUSE OF CHIEFS NII OKWEI KINKA DOWUONA VI  CIVIL APPEAL NO:J4/40/2016 25^TH JANUARY, 2017

Chieftaincy – Causes and matters affecting Chieftaincy - Omanhene – Enstoolment - National Register of Chiefs – Mandamus - Prerogative writ - Judicial review for certiorari – Whether or not the judgment of the Court of Appeal was against the weight of evidence - Whether or not the Court of Appeal misdirected themselves or erred in law in affirming the order of certiorari to quash the entry of the name of the Interested Party - Whether or not the action before the Central Regional House of Chief’s Judicial Committee was still active and pending - Article 273 (5) ( c ) of the Constitution - REPUBLIC VRS CENTRAL REGIONAL HOUSE OF CHIEFS NATIONAL HOUSE OF CHIEFS, CHIEFTAINCY SECRETARIAT EX-PARTE NANA EHUNABOBRIM IDUN GYAN IX VRS NANA IDAN ANDOH X  (A.K.A ALBERT GABBY TAYLOR) CIVIL APPEAL. No J4/11/2013 19^TH JULY, 2013

Chieftaincy - Contempt - Res judicata. - Courses of matter affecting chieftaincy -  Judicial Committee - Regional House of Chiefs - Nomination, election and installation - Whether or not the judgment of the Judicial Committee sought to be enforced  by contempt proceedings was a nullity - Whether  or not the Greater Accra Regional House of Chiefs had no jurisdiction to hear the matter -   IN THE MATTER OF  THE REPUBLIC VRS   NII ADAMAH  THOMPSON , HUMPHREY NII TEIKO ARYEE ,ASAFOATSE CHRISTOPHER NETTEY,  NII TETTEH ANKAMAH  II, OFFEI DODOO,  NII ANUM TETTEH, OTSIAME  ALIMO, ATAA  P. OKOE  ARYEE, NAA  AYIKAILE NADOBEN, JOHN  ARYEETEY  ARYEE, PERCY  OKOE  ADDY EX- PARTE; NII TETTEH AHINAKWA  II (SUBSTITUTED BY  FRANCIS  NII  AYIKAI) CIVIL APPEAL No J4/46/2010    16^TH JANUARY, 2014

Chieftaincy - Destoolment - Setting aside judgment - Judicial Committee -Contempt of court - Cause or matter affecting chieftaincy - THE REPUBLIC VRS OGYEAHOHO YAW GYEBI, CHARLES KWABENA FRIMPONG EX PARTE: NANA NGOA ANYIMA KODOM II CIVIL APPEAL  NO. J4/54/2016  18^TH OCTOBER, 2017

Chieftaincy - Judicial Committee - Central Regional House of Chiefs – Estoppels - Right of hearing – Causes of  matter affecting chieftaincy – Whether or not it was a Causes of  matter affecting chieftaincy - Whether or not it was an abuse of the court process. - Whether or not the appeal was by way of rehearing19, rule 8.- Court of Appeal Rules, 1977, C.I. 19 - NANA KOW MENSAH KING VRS OPANIN KWEKU KYIKYIBI GYAN CIVIL  APPEALNO. J4/5/2015  22^ND  JULY 2015

Chieftaincy - Judicial Committee - National House of Chiefs - Whether persons have risen to the ultimate Bimbilla paramount Skin without passing through the kingship skins of Dakpam and Nakpa. - Whether the 2^nd Petitioner is the sole authority to nominate a candidate for enskinment as Bimbilla Na - Whether 1st and 2nd petitioners had no capacities to file the petition. On the paramount issue - IN THE MATTER OF: BIMBILLA NA, SALIFU DAWUNI (SUBSTITUTED  BY SAGNARIGU LANA SHANI AZUMAH), JUO REGENT, OSMAN MAHAMA   VRS ANDANI DASANA (SUBSTITUTED BY NYELINBORGU NAA YAKUBU ANDANI DASANA)  AZUMAH NATOGMA  CHIEFTAINCY  APPEAL NO.  J2/01/2017 23^RD MAY, 2018

Chieftaincy - Judicial Committee  -  National House Of Chiefs - Destoolment - Procedure  - Effect of signed by document of withdrawal from case not accompanied by any motion - Whether or not case will still go on if the first plaintiff  is struck off the list - Whether or not the court has jurisdiction to strike out the case or his name off the case without leave of court. -  NANA NIFA ABANKRO, NANA YARFI ABABIO , NANA BOADU SEMERIKA NANA APPIA NUAMA, NANA KWAKU NTRAMA  VRS NANA BOAKYE ANSAH   CHIEFTANCY APPEAL. NO.J2/2/2009.9^TH   MARCH 2016

Chieftaincy - Judicial review – Certiorari -  Removing the name of the applicant from the National Register of Chiefs.- Whether or not the deletion of appellants name from the National Registrar  of Chiefs by the respondents was illegal and wrongful - whether or not acts such as these are qualified to be affixed with the label of ‘judicial acts’, so as to allow an order of certiorari to quash such a decision -  Section 48(2) and 50(2) 50(7)  - Chieftaincy Act 2008 Act 759 - HE REPUBLIC VRS THE NATIONAL HOUSE OF CHIEFS, THE CENTRAL REGIONAL HOUSE OF CHIEFS EX PARTE;- NANA AKWESI PEPRAH II CIVIL APPEAL NO.J4/46/2013  7^TH MAY 2014

Chieftaincy - National House of Chiefs - Causes of matter affecting - Rotational system of inheritance - Whether there is only one royal family of the Omanhene Stool of Berekum - Whether  the installation of the Omanhene conform to the custom of the Berekum Traditional Area - Whether the installation was a breach of the custom - Whether Judicial Committee of the National House of Chiefs,  erred in a unanimous decision to dismiss the  appeal - NANA OFORI APPIAH,  NANA ADU GYAMFI KUMANIN I,  NANA OFORI KWABENA, NANA OKOFO DARTEY, NANA KOFI YEBOAH ABABIO II, VRS NANA AKUA AMEAHENE,  NANA OPPONG BASAWURUKU II, NANA GYAN GYAU, DR. LEO OFORI,   NANA OWUSU EFFAH CHIEFTAINCY  APPEAL NO. J2/02/2017  14^TH DECEMBER, 2017

Chieftaincy - National House of Chiefs - Judicial Committee - Whether or not the long absence of a chief constitutes abandonment and abdication - Whether evidence adduced at the trial. cannot be supported having regard to the judgment  - Whether Whether or not it was rightly installed a new Paramount Chief  - NENYI KOBINA ANDAKWEI IV (SUBSTITUTED BY NENYI KWAME KOTSIA IV), JOSHUA KWAKU BENTUM  NAASE NKWANTA OTUBA II  OPANIN KOW AGYARE(SUBSTITUTED BY KOW ATTEH)SUPI KOBINA ESOUN  VRS KOW LARBIE alias KOBINA ABAKA II (SUBSTITUTED BY NENYI KOBINA AFFIR)   KOBINA AFFIR SUPI KOW ASAFUA  (SUBSTITUTED BY NENYI NICHOLAS TETTEH) ALBERT ABOAGYE   CHIEFTAINCY  APPEALNO. J2/03/2017 18^TH JULY,2018 

Chieftaincy - National House of Chiefs - Regional House of Chiefs -  Expunge of  name - Whether Central Regional House of Chiefs) acted in contravention of the rule of natural - Whether the matters in contention constituted a cause or matter affecting chieftaincy -Whether or not the respondent did  expunged the 2^nd appellant’s name from the Register on the strength of the judgment - Whether or not the respondent was performing its administrative duty when it expunged the 2^nd appellant’s name from the Register on the advice of the Central Regional House of Chiefs; - THE REPUBLIC   VRS  THE REGISTRAR & PRESIDENT OF NATIONAL HOUSE OF CHIEFS, KUMASI, THE REGISTRAR & PRESIDENT, CENTRAL REGIONAL HOUSE OF CHIEFS, CAPE COAST, EX-PARTE: EBUSUAPANTIN KOJO YAMOAH   (SUBST. BY EBUSUAPANYIN KOW ABAKA) NANA ABOR YAMOAH CIVIL  APPEAL NO. J4/45/2017/ 25TH JULY, 2018   

Chieftaincy - National House of Chiefs - Traditional Council - Elevation of a divisional stool to the status of paramountcy – Causes of matter affecting chieftaincy – Whether a commission of enquiry can cause any investigation or enquiry into any matter related to or affecting chieftaincy. –  THE REPUBLIC VRS NATIONAL HOUSE OF CHIEFS, KUMASI WESTERN REGION HOUSE OF CHIEFS, SEKONDI COMMITTEE OF ENQUIRY EX-PARTE: AHANTA TRADITIONAL COUNCIL OSAHENE KATAKYI BUSUMAKURA III CIVIL APPEAL NO. J4/32/2018 30^TH JANUARY, 2019   

Chieftaincy - Region House of Chiefs - National House of Chiefs - Interlocutory injunction – Destoolment – Mandamus - Prima facie right - Cause or matter affecting chieftaincy – Whether or not a judgement of even the lowest court of competent jurisdiction is binding on the parties and can be pleaded as res judicata in all courts - Whether or not the courts had no jurisdiction - THE REPUBLIC VRS NATIONAL HOUSE OF CHIEFS KUMASI EXPARTE;  ODENEHO AKROFA KRUKOKO II OSAGYEFO KWAMENA  ENIMIL VI          CIVILMOTION  No. J8/8 2013 30^TH JANUARY, 2013      

Chieftaincy - Traditional Council - Judicial committee - Whether there was no meeting of the Asogli Traditional Council to appoint the three-member judicial committee that heard their case - Whether every judicial committee appointed to determine a chieftaincy matter must or should be appointed by the Council as a whole sitting at a meeting for that purpose - THE REPUBLIC VRS THE JUDICIAL COMMITTEE OF THE ASOGLI TRADITIONAL COUNCIL, HO,EX-PARTE: CHRISTIAN LETSU AVEVOR & 6 OTHERS  AND EMMANUEL AZAMETI & 3 OTHERS  CIVIL APPEAL NO. J4/28/2017 23^RD MAY, 2018

Chieftaincy - Certiorari - Cause or matter concerning chieftaincy  - Jurisdiction - Traditional Council -  76 (a) of the Chieftaincy Act, 2008, Act 759- Whether or not the High Court erred in exercising jurisdiction over the Ada Traditional Council - THE REPUBLIC VRS  HIGH COURT, ACCRA EX-PARTE THE ADA TRADITIONAL COUNCIL NOMO  DAKER  OSAH  CIVIL MOTION   NO.J5/48/2015 17^TH FEBRUARY 2016

Chieftaincy - Certiorari - Cause or matter concerning chieftaincy  - Jurisdiction - Traditional Council -  76 (a) of the Chieftaincy Act, 2008, Act 759- Whether or not the High Court erred in exercising jurisdiction over the Ada Traditional Council - THE REPUBLIC VRS  HIGH COURT, ACCRA EX-PARTE THE ADA TRADITIONAL COUNCIL NOMO  DAKER  OSAH  CIVIL MOTION   NO.J5/48/2015 17^TH FEBRUARY 2016

Chieftaincy - National House of Chiefs - Regional House of Chiefs - Whether the applicant's substantive objection to the order of Mandamus is moot or not - Whether traditional council had consistently been judicially regarded as a statutory or administrative matter which did not constitute a cause or matter affecting chieftaincy - THE REPUBLIC VRS THE NATIONAL HOUSE OF CHIEFS KUMAS, THE BRONG-AHAFO REGIONAL HOUSE OF CHIEFS EX-PARTE: NANA ODURO BOAMAH & 3 OTHERS  AND ASANTEMAN COUNCIL,TECHIMAN TRADITIONAL COUNCIL   CIVIL MOTION NO. J8/81/2017  15^TH JUNE, 2017

Chieftaincy - Cause or matter affecting chieftaincy - Chieftaincy (Proceedings and Functions) Regulations, 1972 (L.I. 798) - Courts Act, Act 459 - Section 57 - Whether Court of Appeal is bound by its previous - Whether Court of Appeal can departed from previous decision which is null and void - whether High Court had exclusive jurisdiction in chieftaincy matters to traditional courts - Whether judgment of a tribunal is a nullity or was obtained by fraud - EBUSUAPANYIN NTIAKO E. KOBINA  VRS AHANTA TRADITIONAL COUNCIL   EBUSUAPANYIN NKETSIA WEREKO    CIVIL APPEAL NO. J4/62/2016 2^ND  MAY, 2018 

Chieftiancy – Causes of matter affecting chieftaincy - Successorship to the vacant stool – Regional House of Chiefs - Judicial Committee - Certiorari application – Whether or not the Court of Appeal erred in law in confirming the decision of the High Court. Since the Asanteman Council purported to try a chieftaincy matter per an arbitral process – Whether or not the Asanteman Council usurped the jurisdiction of the Ashanti Regional Judicial Committee over the said chieftaincy matter, the Court – Whether or not the parties herein can be held to be bound by the decisions taken by the Asanteman Council so as to constitute estoppel - whether or not the costs awarded by the Court of Appeal were too excessive 274 (3) (d) - Constitution 1992 - IN THE MATTER OF AN APPLICATION FOR JUDICIAL REVIEW AND IN THE MATTER OF OBAAPANIN AMMA MANSA AND OTHERS VRSNANA YAA ADUTWUMWAA & OTHERS AND IN THE MATTER OF AN APPLICATION FOR CERTIORARI BY OBAAPANIN, AMMA MANSA AND OTHERS AND THE REPUBLIC VRS JUDICIAL COMMITTEE OF THE BRONG AHAFO REGIONAL HOUSE OF CHIEFS, SUNYANI NANA YAA ADUTWUMWAA  (QUEEN MOTHER), NANA APPIAH KUBI, NANA KWAKU OPPONG, KWABENA ADJEI, OSEI KOFI ABIRI EX-PARTE: OBAAPANIN AMMA MANSAHKWAKU ADARKWA ACHEAMPONG, AKWASI ADDAI, NANA ANTIW BOASIAKO CIVIL APPEAL No.J4/25/2012  23^RD JANUARY,2013

Chieftiancy – Omanhene - Causes of matter affecting Chieftiancy - Contempt of Court - Interlocutory application  -  Judicial Committee - Regional House of Chiefs - Stay of execution – Whether or not the judgment cannot be supported having regard to the affidavit evidence on record - Whether or not the Court of Appeal erred in law when it concluded that the contempt application filed at the High Court was not a cause or matter affecting chieftaincy - THE  REPUBLIC VRS. MICHAEL CONDUAH EX-PARTE : SUPI GEORGE ASMAH CIVIL APPEAL. No J4/28/2012 15^TH AUGUST, 2013

Civil procedure - Certiorari - Out  of time - Breach of the rules of natural justice. - of Article 129 (3) - Article 132 -  Article 18 (2) - Constitution 1992 - Invoking the supervisory jurisdiction the court  - Rule 61 (1) -  Supreme Court Rules, 1996, C. I. 16 - THE REPUBLIC VRS. THE HIGH COURT (FINANCIAL DIV.) ACCRA EX PARTE: TWENEBOAH KODUAH  THE EXECUTIVE DIRECTOR ECONOMIC AND ORGANISED CRIME CIVIL MOTION  NO.J5/22/2014  29^TH JULY 2014

Civil Procedure - Garnishee - Judgment/Debtor - Order 46 of C. I. 47 - The application seeks to reverse orders granted at the instance of the 1^st Defendants/Respondents - Whether there are any debts owing to the 3^rd Defendant/Judgment/Debtor.herein - Whether it is only the Judgment/Debtor who is to be examined, and that there is no provision for any third party examination as has been done with a subpoena served on the  3^rd parties - MARTIN ALAMISI AMIDU VRS THE ATTORNEY-GENERL, WATERVILLE HOLDINGS, ALFRED AGBESI WOYOME CIVIL MOTION NO. J7/1/2018   31^ST  JANUARY, 2018

Civil Procedure - Grant of an unclaimed counterclaim - Land – Ownership – Land vested in the Government of Ghana - Grantee – Credibility of witnesses - Whether or not threre conflicts between the appellants’ pleadings and evidence - Whether or not litigation can ensue without the issue of a writ of summons - Order 81 rule 1 and 2(2) - High Court (Civil Procedure) Rules 2004, C.I. 47 - MAJOR MAC DORBI, W. O.  SAVIOUR VRS RICHARD ADOM FRIMPONG, GEORGE GYESI MAR GEORS LTD CIVIL APPEAL No. J4/45 2011 30^TH JANUARY, 2013           

Civil Procedure - Practice and Procedure – Presidential election dispute - Adoption of Order 11 rule 12 and Order 22 of the High Court ( Civil Procedure ) Rules, CI 47  - Motion on notice for an order for further and better particulars of the petition - Whether the parties have provided sufficient particulars of the claims and answers thereto such as to enable the other side to well and properly know the case to meet.  -  (rule 69a (4) of c.i. 74) - application for order to serve 2^nd respondent with nterrogatories - rule 68 (3) (d) of CI 16, the Supreme Court Rules as amended by CI 74 - NANA ADDO DANKWA AKUFO-ADDO, DR. MAHAMUDU BAWUMIA JAKE OTANKA OBETSEBI-LAMPTEY VRS JOHN DRAMANI MAHAMATHE ELECTORAL COMMISSION, NATIONAL DEMOCRATIC CONGRESS (NDC) CIVIL MOTION NO: J8/44/2013 7^TH FEBRUARY,2013

Company - law -  Companies Act, 1963 (Act 179) -Private Limited Liability Company - a Micro Finance Company - official liquidation - Execution and attachment - Whether or not the High Court judge exceeded her jurisdiction when it ordered the release of properties attached by the Registrar in execution of a judgment debt - THE REPUBLIC VRS HIGH COURT (COMMERCIAL DIVISION) SUNYANI EX PARTE: ALFREDINA OFORI AND NIKABS GBANDE, JEMIMA OWARE (MRS) THE OFFICIAL LIQUIDATOR SUBSTITUTED FOR DKM DIAMOND MICROFINANCE CO. LTD  CIVIL MOTION NO. J5/36/2016 3^RD  NOVEMBER 2016

Company Law - Companies Act 1963 (Act 179) - Estoppels  - Fraud - Breach of duty - Whether plaintiff has capacity as the managing director the 2^nddefendant  to sign  and issued a Guarantee Bond on behalf of the plaintiff company - Whether the plaintiff company in a settlment out of court against the plaintiff, the 2^nd defendant did not obtain the approval and authority - Whether this action breached her duty of being honest and faithful to the plaintiff company - Whether plaintiff’s claim should be based on fraud and nothing else.- SIC INSURANCE COMPANY LTD.  VRS IVORY FINANCE COMPANY LTD.  DORIS AWO NKANI, ITALCONSTRUCT INTERNATIONAL LTD., KWESI BAIDOO, JAMES KWEGYIR AGGREY, CIVIL APPEAL NO. J4/48/2017   21^ST  FEBRUARY, 2018 

Company law - Contract  - Termination of the contracts - Company  Registration - Non-compliance with the rules -  Seeking clarification of court ruling – Whether not  rate of interest chargeable on the outstanding indebtedness is compound or simple interest -
INTERNATIONAL ROM LIMITED  VRS  VODAFONE GHANA LIMITED  FIDELITY BANK LIMITED   CIVIL  MOTION NO. J8/121/2016 26^TH OCTOBER  2016

Company law - Directors -Whether or not there was a non- compliance with the rules of court.- What implications emerge from the Court of Appeal’s finding that the e-mail communication was a formal and an accurate communication of the status of Rom International Ltd, Mauritius as a registered company in Mauritius - Whether the Court of Appeal fail to consider adequately all relevant authority and evidence of payments by defendant and received by plaintiff -  Whether or not International Rom, Mauritius was liquidated - INTERNATIONAL ROM LIMITED VRS VODAFONE GHANA LIMITED, FIDELITY BANK LIMITED CIVIL  APPEAL  NO. J4/2/2016  6^TH JUNE 2016

Company law - Share Sale and Purchase Agreement - Joint Venture - Beneficial owner under the Trust Shares - Perpetual injunction - Loan with interest – Whether or not the settlement by Richmond Aggrey and the Respondents herein was in breach of the Support Agreement - Legal Profession Act, 1960 (Act 32) - An order to dismiss the action -  Order 11 Rule 18(1) of CI 47 of 2004 - Whether or not Plaintiff’s suit discloses no reasonable cause of action against 2^nd and 3^rd Defendants – Whether or not plaintiff has capacity to seek the relief claimed by him (plaintiff) against the 2^nd and 3^rd Defendants.- lawyer - Whether or not client relationship existed between the appellant and the respondent - Whether or not the appellant never engaged the Respondents to render any professional services for and on his behalf - Whether or not the appellant never engaged the Respondents to render any professional services for and on his behalf - Cross-appeal under Rule 9 of CI 16 of 1996 - SAM JONAH VRS. RICHMOND AGGREY, YONI KULENDI KULENDI @ LAW CIVIL APPEAL.  No J4/10/2013 19^TH JULY, 2013

Company law - Shareholding - Sale agreement - Forfeiture of - Directors – Removal of - Breach of company regulations - Written submission without leave of the court - rule 8(8) - Court of Appeal rule 1999 CI 19 – Whether or not the appellant had not obtained leave to file and argue a fresh ground of appeal as required by Rule 8(7). - Court of Appeal - Exercising of judicial discretion - Article 129 (4) - 1992 Constitution - AMOS WEDZI VRS HOTEL MAJORIE ‘Y’ LTD, RICHARD YAO WEDZI                     MICHAEL YAO MONYO CIVIL APPEAL NO.J4/45/201 7TH MAY 2014

Constitution law  - 1992 Constitution - Article 174(1)          - Interpretation - Whether or not the levying of taxation on the road user fees are unconstitutional - MUSAH  MUSTAPHA VRS UNIVERSITY OF GHANA ,THE ATTORNEY & MINISTER FOR JUSTICE WRIT  No. J1/10/2014  16^TH JULY, 2015

Constitution law  - Interpretation - Articles 4 and 11(4A)(5)(6) - 1992 Constitution - Greater Accra Region Law, 1982, PNDCL 26 as amended by the Greater Accra Region (Amendment) Law, PNDCL 28 and Executive Instrument 30 of 1969 – Whether or not LI 1983 which seeks to place Akuse within the Eastern Region of the Republic of Ghana is in violation or inconsistent with the letter and spirit of Articles 4, 11(4)(5)(6) and PNDCL 26 - PAUL OBRONI, GEORGE AMANOR  VRS THE ATTORNEY-GENERAL, LOWER MANYA KROBO MUNICIPAL ASSEMBLY,  SHAI-OSUDOKU DISTRICT ASSEMBLY NENE  TEYE  TITRIKU  I NENE SACKITEY II  NENE ASADA AHOR WRIT NO. J1/10/2013  3^RD JULY, 2014 

Constitution law - Interpretation and enforcement - Articles 176(2), Articles 2(1)(band 130(1)(a)  252 clause 2  - District Assemblies Common Fund - Earmarked Funds Capping and Realignment Act, 2017 (Act 947) and Section 126(2) of the Local Governance Act, 2016 (Act 916) – Sections 3, 16 and 21  - Section 78(a) of the National Health Insurance Act, 2003 (Act 650). Section 78(a) - National Health Insurance Act, 2003 (Act 650) - Petroleum Revenue Management Act, 2011 (Act 815) - Section 2 - Road Fund Act, 1997 (Act 536) - Whether or not to limit the proportion of revenue to be allocated to the District Assemblies Common Fund to tax revenue and not total revenue, are inconsistent with and in contravention of the Constitution – Whether or not the exclusion of the District Assemblies Common Fund in the disbursement of benchmark revenue from oil operations as provided for under sections 3, 16 and 21 as well as the Petroleum Revenue Management Act, 2011 (Act 815) as amended is unconstitutional and therefore null and void - Whether or not upon a true and proper interpretation of article 252(2) of the Constitution the term “total revenues” means all revenues irrespective of source - Section 3(a) - Ghana Education Trust Fund Act, 2000 (Act 581) - Whether or not the purported exclusion of the District Assemblies Common Fund from the disbursement formula of benchmark revenue from oil operations as provided for in sections 3, 16 and 21 as well as the First schedule of the Petroleum Revenue Management Act 2011 (Act 815) is inconsistent with or in contravention of the Constitution - Whether or not upon a true and proper interpretation of the Constitution sections 3(2), 3(5) and 7 of the Earmarked Funds Capping and Realignment Act, 2017 (Act 947) and section 126(2) of the Local Governance Act 2016 (Act 916) are inconsistent with Article 252(2) of the Constitution to the extent that the said statutes purport to limit the proportion of revenue to be allocated to the District Assemblies Common Fund to tax revenue - BENJAMIN KOMLA KPODO, MP RICHARD QUASHIGAH, MP VRS THE ATTORNEY-GENERAL WRIT NO. J1/03/201812^TH JUNE, 2019

Constitution law - Invoked the original jurisdiction of the Supreme Court -  Fundamental human rights - Right of access to the courts - Revenue Administration Act, 2016, (Act 915)  - Whether or not a person shall not be permitted to file a case with the Courts or conduct any official business  unless he or she provides taxpayer identification Number - Whether or not the Plaintiff is raising a fundamental issue on the rights of the ordinary citizen to be able to access the courts freely and unhindered - Articles 2(1) and 130 - Constitution, 1992 – Whether or not the provisions paragraphs 1(9), 2(8) and 2(9) of the Act 915 contravene articles 2(1), 33(1), 48(2), 130(1), 135, 137(1), 140, 273(5) and 280  are discriminatory against such groups of persons and the unconstitutional - CENTER FOR JUVENILE DELIQUENCY VRS GHANA REVENUE AUTHORITY AND THE ATTORNEY GENERAL WRIT NO. J1/61/2018 30^TH JULY, 2019

Constitution Law - Removal from office of persons in the category of superior court judges-  Article 146(8) of the 1992 Constitution-  Whether or not the 1^st Defendant’s publication of its petition to the President in the media contravened Article 146(8) of the 1992 Constitution and therefore unconstitutional.-Whether or not the 2^nd Defendant acting through the Judicial Secretary’s Press Release naming the Plaintiff as one of the twelve (12) High Court Judges involved in the “Bribery Scandal” is in contravention of Article 146(8) of the 1992 Constitution and therefore unconstitutional - Whether or not the 1^st Defendant’s petition to the President is null and void on account of the 1^st Defendant’s contravention of Article 146(8) of the 1992 Constitution - HIS  LORDSHIP JUSTICE PAUL UUTER DER VRS TIGER EYE P. I THE HONOURABLE CHIEF JUSTICE OF THE REPUBLIC OF GHANA, THE ATTORNEY GENERALWRIT NO. J1/29/2015   4^TH  FEBRUARY,2016

Constitution  Law - Interpretation - Article 187 (7) (b) (i) (ii) and (iii) of the Constitution 1992 - Sections 20 (1) and (2) of the Audit Service Act, 2000 (Act 584) - Whether Auditor-General is bound to issue a disallowance or surcharge where there has been any item of expenditure on behalf of the Government that is contrary to law - Whether Auditor-General has failed, neglected and or refused to carry out his mandate in fulfillment of the constitutional obligations - OCCUPY GHANA  VRS ATTORNEY GENERAL  WRIT NO. JI/19/201614^TH JUNE, 2017

Constitution  Law - Legal Profession Act, (Act 32) -Section  11 (7), 18(2), 296 (a) and (b) and 297 of the Constitution of 1992 - Professional Law Course Regulations, 1984, LI 1296 - Whether the General Legal Council’s imposition of an entrance examination and interview requirements for the Professional Law Course violates the 1992 Constitution- Whether Regulation 3(b) of LI 1296 is void for vagueness and is therefore facially unconstitutional - PROFESSOR STEPHEN KWAKU ASARE  VRS ATTORNEY-GENERAL,THE GENERAL LEGAL COUNCIL   WRIT NO.  J1/1/2016  22^ND JUNE, 2017

Constitutional law -  1992 Constitution - Interpretation  - Articles 145(1) and (3)  - Articles 127 and 58(2) -  Voluntary retirement - Judicial Council  - Disciplinary Committee - Misconduct - impeachment - Justice of the High Court - Whether or not His Excellency the President is bound to accept a request of a Superior Court Judge  to voluntary retire from the Judicial Service at a time impeachment proceedings are pending against the said judge; - Whether or not a Superior Court judge upon attaining the compulsory retiring age is amenable to impeachment proceedings; - Whether or not inordinate delay in pending impeachment proceedings should deny the benefits to a retired judge upon attaining the compulsory retirement age. - JUSTICE FRANK KWADWO AMOAH  VRS THE ATTORNEY GENERAL WRIT NO. J1/5/20142 9^TH  OCTOBER 2015        

Constitutional law -  Proper - Interpretation - Fundamental Human Rights and Freedoms - Article 19 (11) and article 14 - 2 (1) and 130 Article 19 (11), 14 (1) of the Constitution 1992 - section 104 (4) -  Criminal and other Offences (Procedure) Act, 1960 (Act 30) – Bail bond  - Whether or not When penalty is not paid and cannot be recovered by attachment and sale, is the person so bound liable - s. (8)] - Criminal Procedure Code (Amendment) Act, 2002 (Act 633) – Whether or not the framers of the 1992 Constitution resolved to do away with arbitrariness, totalitarianism and abuse of basic democratic principles - Whether or not any of the provisions of section 104 of Act 30 is in breach or inconsistent with the said articles 14 (1) and 19 (11) of the Constitution 1992 - Order 43, rr 1(1), 5 (1) (cc) and 12 (1) - High Court civil procedure rules C.I. 47) - MARTIN KPEBU VRS ATTORNEY- GENERAL WRIT NO. J1/7/2015  1^ST DECEMBER 2015

Constitutional law - 1992 Constitution -  article 14 (7) - Jurisdiction - Whether a person who has served the whole or a part of his sentence is acquitted on appeal by a court, other than the Supreme Court, the court may certify to the Supreme Court that the person acquitted be paid compensation -  Whether the Supreme Court may, upon examination of all the facts and the certificate of the court concerned, award such compensation as it may think fit; - Whether the Supreme Court, may order compensation to be paid to the person acquitted. - ERIC ASANTE   VRS THE REPUBLIC  CRIMINAL MOTION NO. NO. J8A/03/2017 30^TH MAY, 2018 

Constitutional law - 1992 Constitution -  Article 93 (2)  -  Law Review Commissioner Act 562/1998 - Whether or not the power granted the Commissioner to, ‘make adaptations of and amendments to Acts does not include the power to make alterations of substance, and therefore the omission of marital consent as a defence for the use of force in section 42 (g) of the Criminal Offences Act, 1960, (Act 29) is null,  void - Whether or not the legislative action taken by Parliament was clearly outside the legislature’s Constitutional power - MARTIN KPEBU VRS ATTORNEY-GENERAL WRIT NO. J1/8/2015  5^TH  DECEMBER 2016

Constitutional law - 1992 Constitution - Article 14(7)  - Fundamental human right  - Compensation - Supreme Court, may certify to the Supreme Court, pursuant to article 14 (7) - The public law remedy available to an aggrieved person under article 14 (7)  - The principles governing the payment and assessment of compensation, against the State- Whether the appellant was entitled to compensation - Whether the appellants trial, conviction and sentence were incongruous with legality - Whether the appellants human rights have been infringed - whether or not under article 14 (7), the duty to issue a certificate to the Supreme Court recommending that a person acquitted be paid compensation is discretionary and not mandatory - DODZIE SABBAH VRS THE REPUBLIC  CRIMINAL APPEAL NO. J3/3/201211^TH  JUNE 2015

Constitutional law - 1992 Constitution - Article 289 - invoking the original jurisdiction of the Supreme Court - Public interest  - Whether or not the the Constitution Review Commission of Inquiry Instrument, 2010, C.I. 64 is null, void and of no effect - Whether or not it contravenes the letter and spirit of Article 289(1) of the 1992 Constitution - Whether or not that the powers granted to the President under Article 278(1) to  appoint a commission of inquiry does not include the power to establish a commission to review and propose amendment bills to the Constitution - Whether or not Parliament is the only intuition that can amend the constitution. PROFESSOR STEPHEN KWAKU VRS THE ATTORNEY-GENERAL WRIT  NO: J1/15/201514^TH OCTOBER, 2015

Constitutional law - 1992 Constitution - Articles 2(1) and 130 - jurisdiction  - s. 35 (1) of the Transitional Provisions - Estoppel per rem judicatam Confiscation of the assets - Whether or not the court had jurisdiction or competence to issue any order de-confiscating any property confiscated by the Armed Forces Revolutionary Council - Whether or not the orders made by the High Court are in contravention of section 35 (1) of the Transitional Provisions of the 1992 Constitution of Ghana - Whether or not the Transitional Provisions of the 1992 Constitution and Laws of Ghana are wholly inapplicable to this instant case - Whether or not this action is caught by the plea of estoppel per rem judicatam - Whether decisions of the High Court of Justice decision have been declared null and void subject matte to invocations of the original jurisdiction of the Supreme Court - ATTORNEY-GENERAL’S DEPARTMENT VRS SWEATER AND SOCKS FACTORY LIMITED WRIT NO. J1/12/2003  29TH JANUARY, 2014

Constitutional law - 1992 Constitution - Interpretation - Article 4(1) - Greater Accra Act, 1982, PNDCL 26 as amended by Greater Accra Region (Amendment) Act, 1982, PNDCL 28,- Whether or not the Minister of Local Government and Rural Development, acted in excess of powers granted him under section 3 of the Local Government Act, 1993 - AKUSE AMEDEKA  CITIZENS  ASSOCIATION          VS THE ATTORNEY - GENERAL. ELECTORAL  COMMISSION WRIT  NO.J1/10/2013 15^TH JANUARY, 2015           

Constitutional law - 1992 Constitution - Interpretation - Articles 25 (1) (a) and 38 (2) - Wether or not the Government has failed to delivered to the Ghanaian Children of School going age free, compulsory and universal basic education - Whether or not section 2 (6) of Education Act, 2008, (Act 778) as amended, is inconsistent and in contravention of the Constitution - PROGRESSIVE PEOPLES PARTY (PPP) VRS. THE ATTORNEY GENERAL   WRIT NO  J1/8/2014 28^TH   JULY 2015

Constitutional law - 1992 Constitution - Interpretation - articles 2(1) and 130(1) - articles 258(1)(a) and (b) and 265 – Whether or not the Government of Ghana does not possess the legal authority to grant or allocate any public land - Whether or not Government of Ghana to allocate or grant 6.323 Ha of the public lands of Ghana for the construction of the Ghana National Cathedral to serve as Ghana’s Mother Church, is unconstitutional - Whether or not the Plaintiff’s case does not raise an issue for the exercise of this Court’s jurisdiction under Articles 2(1) and 130(1) of the Constitution and for that matter there is absolutely no cause of action - Whether or not the President acted within his constitutional right to allocate public land for a specific purpose in the public interest. - JAMES KWABENA BOMFEH JNR. VRS ATTORNEY GENERALWRIT NO.  J1/ 14/ 2017 23^RD JANUARY, 2019

Constitutional law - 1992 Constitution - Interpretation - Whether on a true and proper interpretation of the 1992 Constitution -  Whether or not the Attorney General who is a Minister of State can properly represent the 6th Defendant who is a judicial officer in legal suit. - Whether, the representation of the 6th Defendant by the Attorney-General who is a Minister of State under Article 88 (1) of the 1992 Constitution is in contravention of and inconsistent with the letter and spirit of Article 125 (1), 127 (1) and (2), and 161 of the said Constitution - FRANK OTAH ENYEREM VRS LOGISTICS INC. LIMITED MR. DOMPREH P. S. C. TEMA SHIPYARD LTD MAXWELL  FORSON SETH KUBLENU THE REGISTRAR, HIGH COURT, TEMA  REFERENCE  NO. 16/1/2015  5^TH  DECEMBER 2016

Constitutional law - 1992 Constitution, -  Interpretation of Article 18 -  Supreme Court Rules, 1996, (CI 16) - Article 19 (2) (c) -  Invoking the original jurisdiction court - Whether or not Plaintiffs are in the wrong forum .since fundamental human rights provisions  justiciable by the High Court - JESSE AMISSAH TURKSON, FLORENCE KOTEY, HON. MAVIS HAWA KOOMSON  AND THE EXECUTIVE DIRECTOR  ECONOMIC AND ORGANISED CRIME OFFICE.    ATTORNEY GENERAL, AND MINISTER OF JUSTICE      WRITNO. J1/10/2015   5^TH  DECEMBER 2016

Constitutional law - Article 127 (4) and (5) of the 1992 Constitution -  Action as a matter of public interest -  Whether or not the benefit of its members, whose pension rights guaranteed by the Constitution 1992, are allegedly being infringed - Whether or not continuing to place some of the persons serving in the Judiciary on or under the SSNIT pension scheme after the coming into force of the 1992 Constitution was wrongful and violates article 127 (4) of the 1992 Constitution. - plaintiff has wrongfully invoked the exclusive jurisdiction of this court-  Whether or not plaintiff has wrongfully invoked the exclusive jurisdiction of this court- Whether or not the duty imposed on the President by article 149 of the 1992 Constitution to determine the conditions of service of Judicial Officers can be delegated to, or performed by, the 3^rd Defendant - Whether or not sections 213 (1) (a) and 220 of the National Pensions Act, 2008 (Act 766) contradict articles 71 (i) (b), 127 (4) and (5) of the 1992 Constitution -  JUDICIAL SERVICE STAFF ASSOCIATION OF GHANA  (JUSAG) VRS THE ATTORNEY-GENERAL   THE NATIONAL PENSION REGULATORY AUTHORITY FAIR WAGES AND SALARIES COMMISSION WRIT NO:   J1/5/2015  23^RD  JUNE 2016

Constitutional law - Article 293 - 1992 Constitution – Interpretation - Execution – Whether or not government property cannot be attached in execution of judgment debts - Garnishee Order – Whether or not payment shall not be made out of the Consolidated Fund except as provided by article 178 of the Constitution – Whether or not payment shall not be made in excess of the amount granted under an appropriation for any service – THE REPUBLIC VRS HIGH COURT (FAST TRACK DIV.) ACCRA, EX-PARTE; ATTORNEY GENERAL MADAM MAUD NONGO CIVIL MOTION No. J5/24/2012  24^thJANUARY,2013

Constitutional Law - Articles 125 and 127 of the 1992 Constitution - Commission of Inquiry (C.I. 79)  - Whether or not the Judgment Debt Commission violated Articles 125 and 127 of the 1992 Constitution - Whether Government wholeheartedly accepted and adopted the unlawful findings - Whether attacks on the judiciary by the Commission was unjustified - CLAUDE OPPON VRS THE ATTORNEY GENERAL ATTORNEY GENERALS’ DEPARTMENT,  COMMISSION OF INQUIRY INTOPAYMENTS FROM PUBLIC FUNDS ARISING FROM JUDGMENT DEBTSAND RELATED PROCESSES WRIT NO.  J1/11/2016    22^ND JUNE, 2017

Constitutional law – Bail - Criminal and Other Offences (Procedure) Act, 1960 (Act 30) as amended by the Criminal Procedure Code (Amendment) Act 2002, (Act 633) -  Whether or not section 96(7) of the contravenes Articles 15(2) and 19(2)(c) of the 1992 Constitution and is therefore null, void and of no effect. - MARTIN KPEBU VRS THE ATTORNEY-GENERAL WRIT NO. J1/13/2015 5^TH MAY  2016

Constitutional law - Constitution 1992 - Supreme Court Rules, 1996, C. I. 16. - Reversal of the ruling of a single Judge - Stay of execution - whether the Court of Appeal exercised independent views on the application made before it - Whether or not a single Judge in a repeat application, had to consider the applications on their own independent assessments and merits. - GHANA COMMERCIAL  BANK LIMITED VRS    BULKSHIP & TRADE LTD CHRIS CHINEBUAH, DZIFA FRENCH CUDJOE   SINGLE JUDGE REVIEW MOTION  NO. J7/4/2015  21^ST JANUARY 2015

Constitutional law – Interpretation -  Supreme Court - Invoking the original jurisdiction of the court - Articles 70(1)(d)(iii), 190 and/or 191(b) , Articles 2 (1) and 130 – 1992 constitution - section 14 of the Presidential (Transition) Act 2012 (Act 845) – Whether or not the President of the Republic of Ghana in line with Article 297(a) of the 1992 Constitution has the legal authority to remove from office members of the governing boards of public corporations appointed pursuant to Articles 70(1)(d)(iii), 190(1)(b) and 190(3) of the 1992 Constitution without assigning any just cause. - Whether or not section 14 of the Presidential (Transition) Act 2012 (Act 845) is inconsistent with articles 70(1)(d)(iii), 190 and/or 191(b) of the Constitution, 1992 - Whether or not article 19(b) of the Constitution, 1992, also applies to the category of officers mentioned in section 14 of Act 845 - THEOPHILUS DONKOR VRS THE ATTORNEY GENERAL WRIT NO.  J1/08/2017 12TH JUNE, 2019

Constitutional law - interpretation - 1992 Constitution - Articles 2(1) and 130(1) - Articles 258(1)(a) and (b) and 265 – Public land - Public interest -  Whether or not the Government of Ghana possess the legal authority to grant or allocate any public  Land -  Whether or not Plaintiff’s case raises an issue for the exercise of this Court’s jurisdiction under articles 2(1) and 130(1) of the 1992 Constitution - Whether or not the establishment and operations of the Hajj Board by the Government and Government support for and/or involvement in the Ghana National Cathedral Project are unconstitutional or amount to an unconstitutional entanglement by the State with religion - Whether this case discloses a genuine or real interpretative issue - Whether the original interpretative jurisdiction of this Court has been properly invoked. - JAMES KWABENA BOMFEH JNR. VRS ATTORNEY GENERAL WRIT NO. J1/14/2017 23^RD JANUARY, 2019

Constitutional law - Interpretation - 1992 Constitution, - Articles 55(8) 94 clause (3) (b) - Civil Service Act, 1993 PNDCL 327 - section 68(2)  - Whether or not the inclusion of the 2nd and 3rd Defendants by the 1st Defendant to the list of candidates contesting in the constituency elections is inconsistent with Articles 55 and 94 clause (3) (b) of the 1992 Constitution - Whether or not 2^nd and 3^rdDefendants are precluded from participating in active politics by virtue of them being civil servants - KWADJOGA ADRA  AND THE NATIONAL DEMOCRATIC CONGRESS, PAA NII LAMPTEY, ERNESTINA YAWSON, ATTORNEY GENERAL GHANA HIGHWAY AUTHORITY, ELECTORAL COMMISSION WRIT  NO. J1/13/2014  15^TH  JULY 2015

Constitutional law – Interpretation - Article 130 - 1992 Constitution – Labour -  Retrenchment exercise - Infringed their fundamental human rights - Whether in view of Articles 1(2), 12(1) and 24(3) and (4) of the 1992 Constitution of the Republic of Ghana, the application of  PNDC Law 125 of 1985 to the retrenchment exercise in 1993 to 1994 by the  defendant was unconstitutional and for that matter void - International Labour Organisation minimum standards for workers’ rights  - Article 2 of the ILO Convention No. 87 of 1948 - ERNEST ADOFO & ORS. VRS GHANA COCOA BOARD  REFERENCE  No. J6/1/ 2012  15^TH MARCH, 2013   

Constitutional law - Interpretation - Article 131 - 1992 Constitution - Land - Recovery of possession -Time - Part-performance and adverse possession - Invoking the special leave of the Court to appeal - Rule 7 - Supreme Court Rules, 1996 (C.I.16) - MURIEL ABREFI ODURO VRS. ISAAC KWAME ACHEAMPONG CIVIL MOTION No. J8/84/2013 1^ST AUGUST  2013

Constitutional law - Interpretation - article 140 (10) (b), articles 146 (10) (b) and  article 155 (1) - 1992 Constitution and a related provision concerning the entitlement of superior court judges - Whether it was not necessary for the Judicial Secretary in communicating the interdiction to the plaintiff to specifically mention that it was done on the authority of the appointor - Whether on a true interpretation of article 146(10)(b) of the Constitution, the Chief Justice can interdict a Justice of the Superior Court of Judicature who has been arraigned before a court of competent jurisdiction on a criminal charge involving element of dishonesty.- JUSTICE EDWARD BOATENG  VRS THE JUDICIAL SECRETARY , THE JUDICIAL SERVICE THE ATTORNEY-GENERAL REFERENCE NO: J6/3/2017 28^TH FEBRUARY 2018

Constitutional law – Interpretation - Article 181 – Article 295 1992 Constitution - The expression “government” - Shareholder Agreement – Jurisdiction - Preliminary objection - Whether and to what extent “Government” under article 181 (3) includes public authorities the cost of whose operations and debt obligations constitute a charge on the public accounts of Ghana - Whether the Agreement entered into between Second and Third Defendants is an international business transaction – Whjether or not the said Agreement is null, void and unenforceable for lacking parliamentary approval - FELIX KLOMEGA VRS THE ATTORNEY-GENERAL    . GHANA PORTS AND HARBOURS AUTHORITY, MERIDIAN PORT HOLDINGS LIMITE MERIDIAN PORT SERVICES LIMITED WRIT No. J1/10/ 2012, 16^TH JANUARY, 2013    

Constitutional law - Interpretation - Articles 42, 43, 45 (c) and 51 - Whether or not  Parliamentary Elections-Result Collation Form, Form One E. L. 23A and Presidential Elections-Result Collation Form, Form One E. L. 23B, is unreasonable, unfair, non-transparent and does not promote or secure free and fair election - KWESI NYAME-TEASE ESHUN VRS ELECTORAL COMMISSION THE ATTORNEY GENERAL WRIT NO.  J1/24/2016  27^TH OCTOBER 2016

Constitutional Law - Interpretation - Enforcement of Article 18(2)  - Evidence Act Section 52 - Whether plaintiff can tender in evidence of audio recording of a telephone conversation in a trail court  - Whether  objection to the tendering of the recording on, among other grounds was made surreptitiously without the consent of defendant - whether the secret recording amounted to a breach of Article 18(2)  - Whether or not the recording is in violation of his rights to privacy guaranteed under the Constitution - Whether evidence o was btained in breach of constitutional rights - RAPHAEL CUBAGEE  VRS  MICHAEL YEBOAH ASARE K. GYASI COMPANY LIMITED  ,ASSEMBLY OF GOD CHURCH REFERENCE NO. J6/ 04/ 2017  28^TH  FEBRUARY, 2018  

Constitutional law - Interpretation - Civil Service Code of Conduct - article 12(2), article 21(3), article 21(1) (a) and (d), article 35(6) (d), article 55(1), (2) and (10) and article 284 of the Constitution, 1992, - whether  persons holding civil service positions are barred from participating in political activities - whether persons holding civil service positions have a right to join political parties and hold executive positions in political parties - CIVIL AND LOCAL GOVERNMENT STAFF ASSOCIATION OF GHANA (CLOSSAG  VRS  THE ATTORNEY-GENERAL THE OFFICE OF THE HEAD OF CIVIL SERVICE, THE OFFICE OF THE HEAD OF LOCAL GOVERNMENT SERVICE, MINISTRIES, WRIT NO.  J1/16/2016  14^TH JUNE, 2017

Constitutional Law - interpretation 1992 Constitution - Article 49 - the Public Elections Regulations,2016 ( CI.94 ) - Representation of the People Law, 1992; PNDCL 284. - Whether or not the ballots to be cast pursuant to the Public Elections Regulations, 2016; CI 94 by special voters in the December, 2016 presidential and parliamentary elections ought to be counted and announced there and then on the date(s) of the special voting - Whether or not - Whether or not Regulation 23(11) of Public Elections and Regulations, 2016; CI.94 is inconsistent with “Article 49 of the 1992 Constitution - DR. KWAME AMOAKO TUFFUOR, BENJAMIN ARTHUR, ADREBA ABREFA DAMOAH AND ELECTORAL COMMISSION ATTORNEY GENERAL WRIT NO. J1/1/2017  14^TH  NOVEMBER 2016

Constitutional Law - Interpretation of article19 (2)  1992 Constitution - Criminal and Other Offences Act, 1960, (Act 29). - Willfully causing financial loss - whether an accused person in a summary trial is entitled to a comprehensive pretrial disclosure.  - whether disclosure includes unused materials in the possession of the prosecution - Whether of not the defendant has been given adequate time and facilities for the preparation of his defence - THE REPUBLIC  VRS EUGENE BAFFOE-BONNIE, WILLIAM MATHEW TETTEH TEVIE, NANA OWUSU-ENSAW, ALHAJI SALIFU MAMINA OSMAN   GEORGE DEREK OPPONG, REFERENCENO. J1/06/20 18 7^TH  JUNE, 2018  

Constitutional Law - Interpretation or Enforcement  - article 71 (2) (b) (ii) and (d) of the Constitution -  Determination of certain emoluments  - Superior Court Judges -Presidential  Committee Report - Whether the instant suit raises any issue(s) of constitutional interpretation and/or enforcement - Whether in determining the salaries including gratuities of the Chief Justice and Superior Court Judges, the President is entitled to vary the recommendations of the Committee set up pursuant to Article 71 (1) (b) of the 1992 Constitution - Whether the President in determining the gratuities of the Superior Court Judges acted outside the recommendations of the Committee set up under article 71 (1) - whether the original jurisdiction of this court has been properly invoked -  Whether an action can be brought to  the Supeme Court to enforce a clear provision of the Constitution - EMMANUEL NOBLE KOR VRS THE ATTORNEY GENERA JUSTICE ISAAC DELALI DUOSE  WRIT NO. JI/16/2015 10^TH  MARCH 2016

Constitutional law - Interpretation -Termination of Contract - Capacity - Parliamentary ratification.- Whether or not Minister for Energy had power and/or authority to annul or terminate the Petroleum Agreement between the Government of the Republic of Ghana and Aker ASA - Whether the said Termination  of Agreement was null, void and of no effect. - Whether or not the  question raises plaintiffs  locus - Whether or not section 23(15) of PNDCL 84, that is Petroleum (Exploration and Production) Law, 1984 was violated  - JOHN AKPARIBO NDEBUGRE VRS THE ATTORNEY GENERAL, AKER ASA, CHEMU POWER COMPANY LTD, WRIT No. J1/5/2013  20^TH APRIL 2016   

Constitutional law - Interpretation         - Article 190(1) (a) - Whether or not by purporting to convert the Customs, Excise and Preventive Service into a department of the Ghana Revenue Authority without an express amendment is valid - Whether or not by seeking to substitute the Commissioner-General of the Ghana Revenue Authority for Commissioner of CEPS as provided for in Article 83(1)(j), section 30(3) of the Ghana Revenue Authority Act 2009 (Act 791) contravenes Articles 289(2) and 290 of the Constitution - Whether or not by the purported integration of the Customs, Excise and Preventive Service (CEPS) into the Ghana Revenue Authority pursuant to the Ghana Revenue Authority Act, 2009 (Act 791), CEPS employees are entitled to unionize contrary to the decision of this Court - JOHN DEPORRES AYIMBIRE VRS THE ATTORNEY-GENERAL, GHANA REVENUE AUTHORITY WRIT  NO. J1/2/2013  11^TH  JUNE 2015

Constitutional Law - invoked the original jurisdiction of the Supreme Court - for interpretation and enforcement of Articles 284 and 286 - Leave to amend statement -  Whether  the Attorney-General's representation of 1st defendant breaches Article 88 of the Constitution -  DYNAMIC YOUTH MOVEMENT OF GHANA, EDWARD TUTTOR  VRS HON. KEN OFORI  ATTA  COMMISSION ON HUMAN RIGHTS  AND ADMINISTRATIVE JUSTICE  (CHRAJ)  THE ATTORNEY- GENERAL WRIT NO.J1/ 07/ 2018 11^TH  JULY, 2018

Constitutional law - Invoking original jurisdiction of the court -. Constitutionality of legislations - 2(1) and 130(1) - 1992 Constitution – Interpretation – Whether or not Constitutional Instrument No. 72 (C.I. 72) is inconsistent with article 42 of the 1992 Constitution – Whether or not the use of the National Health Insurance Card  as proof of qualification to register as a voter  is unconstitutional, void and of no effect. - ABU RAMADAN EVANS NIMAKO  VRS ELECTORAL COMMISSION  THE ATTORNEY GENERAL AND KWASI  DANSO ACHEAMPONG VRS ELECTORAL COMMISSION THE ATTORNEY GENERAL CONSOLIDATED WRITS NOS.  J1/11/2014 AND J1/9/2014   30^TH  JULY  2014

Constitutional law - Invoking supervisory jurisdiction the Supreme Court - Wrongful Assumption of Jurisdiction - Error on the Face of the Record- Breach of Audi Alteram Partem Rule. - Article 132 – 1992 Constitution - Rules 61 and 62 - Supreme Court 1996 CI 16 - THE  REPUBLIC VRS. HIGH COURT,ACCRA  EX-PARTE : FREDERICK SALIM HANAWI DOMINIC EDWARD OWUSU,ESTHER ADUBEA CIVIL MOTION. No J5/1/2014 13^TH NOVEMBER, 2013

Constitutional law – invoking the original jurisdiction of the court - Interpretation - Legal Aid Scheme  - Articles 2 (1) and (3) – (5) and 130 (1) of the 1992 Constitution - non-professional in self-representing in court- Unrepresented litigants – Abuse of the process of  Court  - Whether or not, the unrepresented and non-professional lawyer litigant, has rights granted under the Constitution 1992 and the Rules of Procedure of the courts to freely and without any inhibition represent and or act for themselves in the courts, established under the constitution 1992 or under any other law - Whether or not the plaintiff’s suit is properly cognizable before this court. - ZAINABU NASKE BAKO-ALHASSAN VRS ATTORNEY-GENERAL WRIT No.  J1/22/2012  24^TH APRIL,2013

Constitutional law – Invoking the original jurisdiction of the court - Interpretation -  Article 267 - Article 36(8) - 1992 Constitution - Stool lands -  Whether or not the chief has the right to sell the stool lands  without the consent of the sub stools and subjects - Whether or not subjects of stools are entitled to a true and verifiable account of all revenue from stool lands from chiefs and managers of stool lands. - OPANIN KWADWO DANSO  AND NANA AMPADU DAADUAM II, METALEX LTD WRIT NO.J1/13/2013  23^RD  JULY 2014

Constitutional law - Invoking the supervisory jurisdiction court - Conduct of a Judge – Bias - Non-recording of proceedings Application for prohibition - Locus in quo - Article 132 -1992 Constitution - Section 12(2) - Evidence Act, NRCD 323 - ACCRA- GHANA , A.D.2019   - THE REPUBLIC VRS HIGH COURT GENERAL JURISDICTION “2”, ACCRA EX-PARTE ALHAJI HALIDOU ABOUBAKAR KING GEORGE ENTERPRISE CIVIL MOTION  NO. J5/36/2019  3RD JULY, 2019  

Constitutional law - Judicial Review – Criminal law -  Article 132 - 1992 constitution - Rule 61(1) - Supreme Court rules, 1996 C. I. 16 - section 75  - Criminal Offences Act of 1960 - Threat of Death - Acquittal and discharge – Whether the the trial High Court acted without jurisdiction when it entertained and determined the appeal by delivering the judgment - Whether the continued prosecution of the Applicant before the Circuit Court, Kumasi is unlawful - Section 21 - Courts Act as amended by Act 620 - Whether a ruling can be said to be a judgment - Article 295(1) - 1992 constitution - THE REPUBLIC VS HIGH COURT (FAST TRACK DIVISION) KUMASI THE ATTORNEY GENERAL EX-PARTE: CHARLES OWUSU ANSAH CIVIL MOTION J5/29/2013 30^TH OCTOBER, 2013

Constitutional Law - Review - Article 181 of the Constitution 1992 - Invoking the original jurisdiction - Whether  financial engineering arising out of the tender bid during the procurement process was wrongful abrogated - Whether or  not it is an international business transaction within the meaning of article 181 of the Constitution, 1992.- Whether or not the review decision of the Supreme Court in suit No. J7/10/2013 is wrong in law for excess of jurisdiction as same was obtained in violation of the Constitution, 1992 - ABDULAI YUSIF FANASH MUHAMMED ANDTHE ATTORNEY- GENERALALFRED AGBESI WOYOME  MARTIN ALAMISI AMIDUWRIT NO. J1/2/2016FILED ON  3^RD  MARCH-  2016

Constitutional law – Supreme Court - invoking the original jurisdiction - Objection to the jurisdiction of this Court - Interpretation - Article 181 of the Constitution - Expression Government – Loan - Whether or not the requirements in article 181 equally apply to a state entity - Whether or not the Shareholder and Concession Agreements entered into between Second Defendant, and Third and Fourth Defendants, is an international business or economic transaction, and that the failure and or neglect to submit it to Parliament for approval renders it null, void – 70 and 195 – 1992 Constitution - Whether the Ghana Ports and Harbours Authority is to be regarded as coming within the meaning of Government as used in article 181(5) of the 1992 Constitution - Whether Ghana Ports and Harbours Authority Act, which establishes the 2^nd defendant gives it a complete and separate legal personality from the Government of Ghana - FELIX KLOMEGA VRS. THE ATTORNEY-GENERAL GHANA PORTS AND HARBOURS AUTHORITY,MERIDIAN PORT HOLDINGS LIMITED MERIDIA PORT SERVICES LIMITED  WRIT No. J1/10/ 2012 19^TH JULY, 2013   

Constitutional Law - Articles 2(1), 128, 130 and 134) of the 1992 Constitution-Interpretation - Preliminary Objection - Whether a private person does not have the capacity to execute a judgment in favour of the state - Whether the judgment in Martin Alamisi Amidu v. The Attorney General and 2 Ors Suit No. J7/10.2013 is unconstitutional. - DAVID  KWADZO  AMETEFE  VRS THE ATTORNEY GENERAL MARTIN ALAMISI AMIDU  WRIT NO. J1/3/2017  1^ST  FEBRUARY 2017

Constitutional law –Article 112(5) of the Constitution, 1992 - By election -  Member of Parliament – Whether or not fixing the Ayawaso West Wogun by-election to be held on 31^st January, 2019, violated Article 112(5) of the Constitution, 1992 - Whether or not fixing  of election date the conduct of the defendant he has complained of is likely to recur - BISMARK ABORBI ARYEETEY VRS ATTORNEY-GENERAL ELECTORAL COMMISSION  WRIT NO J1/07/2019 19^TH JUNE, 2019

Constitutional law -Interpretation - 1992 Constitution - Articles 183 (2) (a) - Bank of Ghana Act, 2002, Section 4(1) (b)  - Foreign Exchange Rate - Mandamus - Jurisdiction-  Whether or not the 2nd defendant has breach Article 183(2) (a) of the 1992 Constitution - Whether or not the Court is the proper forum for the evaluation of economic factors - Whether or not the  demands of the plaintiff will amount to an infraction of the law under section 3 (2) of Bank of Ghana Act - Whether or not the Plaintiff’s action raises any issue for interpretation - JOHN EPHRAIM BAIDEN (DR.) VRS THE ATTORNEY GENERAL, THE BANK OF GHANA WRIT NO. J1/7/2014  22^ND JULY 2015        

Contact - Carriage of goods – Capacity - Order 1  rule  ( 2)  - High Court (Civil Procedure) rules – Whether or not  whether the High Court Judge  could go round the settled judicial position by the curious amendment of the title by the court so motu - NASSIRU ABDULAI BANDA VRS COLONEL  AYISI CIVIL APPEAL  NO. J4/1/ 20 13  7^TH MAY. 2014

Contempt of court - Capacity - Certiorari -  Setting aside for want of jurisdiction - Whether or not the applicant trust’s tenure of office had expired  - Whether or not applicant could legally mount an application of this nature - Whether or not the Court of Appeal violated the applicants’ fundamental and constitutional right to be heard on the motion.- THE REPUBLIC VRS THE COURT OF APPEAL ACCRA EX PARTE EAST DADEKOTOPON DEVELOPMENT TRUST,THE DIRECTOR, SURVEY DIVISION LANDS COMMISSION CIVIL  MOTION   NO.J5/39/2015  30^TH  JULY 2015

Contract - Agreement - Sales and Purchase - Whether plaintiff  per the Memorandum of Understanding was to supply oil to the defendant - whether per barrel was to be paid within 10 days of discharge - whether due to  delay the defendant was to pay the amount  which was due - Whether an interest rate was to be paid on the outstanding balance - ABIVAMS LIMITED  VRS PLATUN GAS OIL GHANA LTD  CIVIL APPEAL  NO. J4/ 29/ 2016  31^ST MAY, 2017

Contract - Agreement - Supply of Goods - Dishonoured cheques - Whether Court of Appeal erred in law when they substituted their judgment for that of the trial High Court - Whether general damages plus nominal damages was too excessive Whether damages awarded  by trial High Courtl was too excessive - MESSRS  ASKUS. COMPANY VRS HARRY  BOAKYE, JOJO  BONNEY GUINNESS GHANA  BREWERIES GROUP CIVIL APPEAL  No. J4/14/2015 20^TH APRIL 2016  

Contract - Agreement - Termination - Bailment - Carrage of Goods - Whether defendant breached the duty of care under the haulage contract - Whether plaintiff was not responsible for the five consignments for which his driver did not sign the delivery notes - Whether it is the essence of a bailment that goods are delivered by the bailor to the bailee - OPPONG BANAHENE   VRS SHELL GHANA LIMITED  CIVIL APPEAL  NO. J4/ 34/ 20166^TH APRIL, 2017

Contract - Alternative Dispute Resolution Act 2010(Act 798) -  Joinder -Whether a non-signatory party, to an ongoing arbitration join an Applicant as Interested Party  - Whether  the learned High Court Judge exceeded his jurisdiction when he made the order for the joinder - THE REPUBLIC  VRS  HIGH COURT(COMMERCIAL DIVISION, ACCRA)  EX-PARTE: GHACEM LIMITED AJ FANJ CONSTRUCTION AND  ENGINEERING LIMITED  CIVIL MOTION NO. J5/29/2018  30^TH MAY, 2018  

Contract – Breached of Agreement - Termination clause  - Termination without cause - True and proper interpretation of clause - Investment fund management – Whether or not there was a breach of the Agreement - Whether or not the plaintiff is entitled to the claim of $118,000 which is contested by the defendant - Whether or not there was ample evidence on record to demonstrate that he was entitled to the sum claimed as the balance of operating expenses even though no annual budget was tendered in court - JCS  INVESTMENT LTD VRS. ACTIVITY VENTURE FINANCE CO. LTD  CIVIL APPEAL No J4/19/2013 26^TH JULY, 2013                         

Contract – Capacity - Supply of commodities – Refund of monies paid – Interest at prevailing bank rate - Whether or not Defendant is indebted to Plaintiff as claimed - Whether or not Plaintiff has been pre-financing supplies of lead and battery dust from Defendant - Whether or not Defendant approached plaintiff for time to settle his indebtedness - Whether or not Defendant voluntarily admitted his indebtedness to the Plaintiff at the police station- Whether or not the Court misdirected itself - sections 10, 11 and 14 of the Evidence Decree NRCD 323. - MOHAMMED WOLLEY  VRS SALAMI FATAL CIVIL APPEAL NO. J4/41/2014  29^TH  JULY 2014  

Contract – Money leanding – Financial assistance – Guarantors - Illegal transaction - Interest on the facility - Section 29 - Moneylender Act, 1941 - Whether or not the Respondent was a money lender under section 29 of the Moneylender Act, 1941, known as the Moneylender Ordinance (Cap 175) - Whether or not the judgment is against the weight of evidence - Whether or not the Court of Appeal erred and misdirected themselves when they held that the Plaintiff is registered as a Company Limited by guarantee and not a business venture or involved in banking of any kind could grant loans and charge interest - Whether or not the interest charged on the loan is not harsh, excessive and unconscionable - ROYAL BENEFICIARIES ASSOCIATION VRS. MRS. VIVIAN MENSAH ALICE BADU VIVIAN OWUO DAVID  B.  MENSAH CIVIL APPEAL. No J4/22/2013 26^TH JULY, 2013

Contract - Petroleum agreement - Abrogation of the contract - Interlocutory injunction - Section. 23(15) of PNDCL 84 -  Noncompliance - Petroleum (Exploration and Production) Law, 1984 (PNDCL 84) – Whether or not  the said agreement assumes the status of an agreement with the force and backing of the Constitution – Whether or not there is credence in the Applicant’s claim that once Parliament had ratified an agreement that agreement could only be terminated by a judicial declaration or parliamentary resolution - Order 25 - High Court Civil Procedure rules 2004 C.I 47 - Article 268 of the Constitution - Rule  22 - Supreme Court Rules 1996   CI. 16 - JOHN AKARIBO NDEBUGRE  VRS. THE ATTORNEY GENERAL, AKER ASA CHEMU POWER COMPANY LTD WRIT No. J1/5/2013 21^ST  NOVEMBER,2013  

Contract – Renegotiation - Oral agreement - Additional duty - Commission due and owing - Breach of contract – Agency - Whether or not the extra monies that were given to the Plaintiff were only tokens given to many other hardworking employees to encourage them - Whether or not a substantial miscarriage of justice had occurred  - section 6 (1) - Evidence Act, 1975, NRCD 323 - JUSTICE ESSUMAN VRS AUTO PARTS LIMITED CIVIL APPEAL, No. J4/18/2012 15^TH MARCH 2013

Contract - Sale of Goods -  Sale of vehicle -Breach of the conditions - Whether the vehicle that was delivered to them was not fit for the purpose for which it was acquired, - Whether there was a breach of the conditions of the contract of sale - Whether the contract contained a warranty clause, which provided a one year service of fixing defects in the vehicle free of charge.- Whether defects from which the vehicle suffered were not latent defects - PYNE & ASSOCIATES  VRS AFRICAN MOTORS  CIVIL APPEALNO: J4/38/2013  27^TH JULY, 2017

Contract – Sale of goods – Termination of - Warranty - Compensation for loss of use - Damages for breach of condition and/or deceit- Latent defect – Whether or not second appellate court is bound to choose the finding which is consistent with the evidence on the record - section 13(1) and 49 -  Sale of Goods Acts, 1962 (Act 137) – Whether or not there was a there a breach of the Sale of Goods Act, 1962 - Whether or not one could repudiate a contract on the ground of latent defects - G.A. SARPONG & CO. VRS SILVER STAR AUTO LIMITED CIVIL APPEAL SUIT NO.J4/43/2013 15^TH JANUARY 2014

Contract - Sale of Goods Act (Act 137) - General damages - Electronic communication  - Documentary evidence. Whether or not , the conduct of the Plaintiff and Defendant, a valid and binding contract existed - Whether or not refusal to accept delivery of alumina from the Plaintiff was a breached of  contract - Whether or not the  Court of Appeal erred when it affirmed the High Court’s award of general damages - GLENCORE A.G  VRS VOLTA ALUMINUM COMPANY LIMITED CIVIL APPEAL NO. J4/40/2013  28^TH JANUARY 2015

Contract - Termination of contract - Non-performance or delayed performance - Valuation of work done - Leave to enter final judgment - Order 64, Rule 13 - High Court (Civil Procedure) Rules 2004, (CI 47) -  Dispute resolution provisions - Payment for work done together with interest – Whether or not  the decision DAB process was an arbitration and its decision an arbitral award - Whether or not the decision of the DAB is “final and binding” between the parties - Whether the Court of Appeal erred in affirming the decision of the trial High Court to refer the dispute between the parties to international arbitration – Whether there has been no arbitration and therefore no arbitral award capable of adoption - TIESO GHANA LIMITED VRS EUROGET DE-INVESTA SA CIVIL APPEAL NO. J4/34/ 2019 24^TH JULY, 2019

Contract - Unexecuted document - Termination of appointments - Section 18 of the Labour Act, 2003 (Act 651).  - Conditions of service - Whether documents on terms of employment was  executed by both parties -  Whether  documents bearing no date can not be effective as a contract.- JOHN TENMOTTEY AFFUAH, CHARLES OKPATTAH   VRS GENERAL DEVELOPMENTS COMPANY LIMITED  CIVIL APPEAL   NO. J4/ 28/ 2015  29^TH NOVEMBER, 2017

Contract - Breach of contract - Terminated agreement of -  whether a  contract can be terminated before the period provided - Whether plaintiff can amended writ and statement of claim on two occasions in the course of the proceedings - EASTERN ALLOYS COMPANY LTD  VRS CHIRANO GOLD MINES  CIVIL APPEALNO: J4/48/2016  26^THJANUARY, 2017

Contract of employment  - Compensation  - Ex-gratia award - Section 174 of the Companies Code, 1963 (Act 179) - Section 2(1) of the Bodies Corporate (Official Liquidation) Act, 1963 (Act 180 - Whether or not plaintiffs are entitle to compensation for loss of employment arising from the official liquidation - Whether or not plaintiffs are entitle to a form of ex-gratia award and/or end-of service benefits, and/or work entitlements - Whether or not plaintiffs claims was statute-barred - Whether the plaintiffs were not employees of the BSL - ALEX ABOAGYE, MOSES ESSIEN & 257 OTHERS, VRS. THE ATTORNEY-GENERA THE OFFICIAL LIQUIDATOR, CIVIL APPEAL NO: J4/2/2014  24^TH FEBRUARY 2016

Contract of sale - Property. - Joint ownership - Matrimonial assets, - Bona fide purchaser for value - Declaration of title - Perpetual injunction -  Whether or not the Respondent did not hold the subject property as a trustee for and on behalf of himself and the Plaintiff - MRS. GRACE FYNN  VRS STEPHEN FYNN, CHRISTIANA OSEI  CIVIL APPEAL NO. J4/28/2013  12^TH FEBRUARY, 2014

Contracts -  Insurance - Interpretation - credit guarantee bonds - Fraud - Punitive damages -  Whether the contract is one of insurance or of guarantee - The - Whether all insurance contracts must indicate how much liability the insurer exposes itself to - Whether or not the credit guarantee bonds are invalid under the Insurance Act, 2006 Act 724 - Sub-section (1) of Section 44 - NDK FINANCIAL SERVICES LTD. VRS HAROLD NTORINKANSAH GLICO GENERAL INSURANCE ADDICENT FOODS LIMITED MILLICENT NTOR INKANSAH CIVIL  APPEAL  NO. J4/39/2013   31^ST JULY 2014 

Court - Jurisdiction - Interpretation - Lack of capacity - Order of prohibition - Whether or not an order of prohibition restrain the High Court  from proceeding to hear a dispute - Whether or not the Judge erred in law when he wrongly assumed jurisdiction to interpret Article 94(1)(a) of the Constitution- Whether or not the applicant who had put herself out as a contestant in the parliamentary primaries of the National Democratic Congress  was caught by Article 94 (1) (a)  which required that she was a registered voter at the time of her participation in the primaries. - THE REPUBLIC VRS THE  HIGH COURT, GENERAL JURISDICTION 6, ACCRA EX-PARTE DR. ZANETOR A. RAWLINGS, HON. NII ARMAH ASHITTEY, NATIONAL DEMOCRATIC CONGRESS  

Courts - Jurisdiction -1992 Constitution - Special leave - 131 of the Constitution - Section 4 (1)(a) (b) (c) and (2) of the Courts Act - interlocutory matter – whether or not the appeal to the Court of Appeal from which the appeal to this Court emerged was one against a judgment or decision of the High Court in the exercise of its original jurisdiction - NDK FINANCIAL SERVICES LIMITED VRS JOSEPH ADE COKER CIVIL APPEAL NO. J4/15/2018 23^RD JANUARY, 2019

Criminal - Defilement - contrary to Section 101 (2) of the Criminal Offences Act, 1960 (Act 29) as Amended by the Criminal Offences (Amendment) Act, 1998, Act 554  - Whether Appellant  can testified on oath without calling any witness.- Whether DNA testing could acertian  the father a child - ERIC ASANTE   VRS THE REPUBLIC  CRIMINAL APPEAL NO. J3/7/2013 26^TH JANUARY, 2017

Criminal law -  Fraud - Title Documents - Whether or not wrongly the High Court, Human Rights Division, assumed jurisdiction or far exceeded his jurisdiction  - Whether or not the trail was an infringement of the applicant’s fundamental human rights - THE REPUBLIC VRS HIGH COURT, HUMAN RIGHT DIVISION EX-PARTE: NAA OTUA SWAYNE, PRINCE KOFI AMOABENG,THE ATTORNEY-GENERAL DSP AIDAN DERY, THE REGISTRAR CIRCUIT COURT, CIVIL  MOTION NO J5/8/2015  19^TH FEBRUARY 2015   

Criminal law - Armed robbery - Act 29/60 - Missing Court documents - Whether competent to hear the appeal with the record available. - Whether or not the lost or destroyed record of proceedings constitutes a material or significant part of the record of proceedings - Whether sentence was harsh and excessive in the circumstance  - KWAME NKRUMAH alias TASTE   VRS THE REPUBLIC CRIMINAL APPEAL  NO: J3/6/2016  DATE: 26^TH JULY, 2017

Criminal law - Articles 11 (7) and 296 - Constitution - Nolle prosequi - Invoking the original jurisdiction of Supreme Court - Criminal and Other Offences (Procedure) Act, 1960, Act 60 - Whether or not the exercise of the right of nolle prosequi, under section 54 of the Criminal and Other Offences (Procedural) Act, Act 30 of 1960, does not breach the Constitution - Whether or not the instant action properly invokes the original jurisdiction of the Supreme Court in accordance with articles 2 (1)(b) and 130 (1) of the Constitution - Whether or not the exercise of the power of nolle prosequi by the Attorney- General is subject to the requirement of articles 296 (c) and 11(7) of the Constitution - Whether or not the plaintiff’s writ raises any real issue for constitutional interpretation - Whether or not the the exercise of the right of nolle prosequi by the defendant, under section 54 of Act 30 is inconsistent with article 296 of the Constitution - GREGORY AFOKO, BUREAU OF NATIONAL INVESTIGATIONS VRS ATTORNEY- GENERAL WRIT NO. J1/8/2019 19^TH JUNE 2019

Criminal law - Circumstantial evidence - Sentenced to death – Conspiracy to commit murder – Whether or not was no direct evidence to connect the Appellant to the charge of murder Whether or not the prosecution sought to do so by circumstantial evidence - NOBLE ADU GYAMFI  VRS THE REPUBLIC   CRIMINAL APPEAL NO.J3/5/2015  2^ND  DECEMBER 2015

Criminal law - Conspiracy to commit crime - S23(1) of the Criminal Offences Act 1960, Act 29 - S3(1) of the Electronic Communication Act 2008, Act 775 - Whether  an appellants can open their defence when no case was established by the Prosecution against them - MICHAEL ASAMOAH & ANOR VRS THE REPUBLIC  CRIMINAL APPEAL NO: J3/4/ 2017 DATE: 26^TH JULY, 2017

Criminal Law - Conspiracy to commit crime - Section 23 (1) of Act 29/60 -Special leave of the Supreme Court -  Article 131 (2) of the Constitution 1992 - Whether conviction is not supported by the evidence adduced - Whether sentence of ten years is harsh and unreasonable - Whether incriminating evidence of another accused person is not admissible against the accused without corroboration - FRANCIS YIRENKYI VRS. THE REPUBLIC   CRIMINAL APPEAL  No. J3/ 7/ 2015  17^TH  FEBRUARY 2016

Criminal law - Conspiracy to rob - Sections 23 (1) and 149 of Act 29/60 - Whether trial court and the Court of Appeal did not comply with the principles laid down by  Court - Whether a person could be charged with the offence even if he did not partake in the accomplishment of the said crime - Whether mere presence at the scene of a crime without more is not proof of guilt. - FAISAL MOHAMMED AKILU VRS  THE REPUBLIC  CRIMINAL APPEAL NO. J3/ 8/ 2013 5^TH JULY, 2017

Criminal law - Conspiracy to steal – Stealing – Article 14 (4) - Constitution,1992 – Plea for leniency Whether or not the judgment was against the weight of evidence - Whether or not the sentence harsh and excessive - OWUSU BANAHENE VRS THE REPUBLIC  CRIMINAL APPEAL NO. J3/02/20193RD JULY, 2019

Criminal law - Contempt - Constitutional freedoms and protections - Media - Freedom of expression - Scandalizing the court - Defying and lowering the authority of the court - Bringing the authority of this court into disrepute.- Maintaining the independence, dignity and effectiveness of the administration of justice.- 1992 Constitution, in Article 127 (2) - ABU RAMADAN, EVANS NIMAKO VRS ELECTORAL COMMISSION THE ATTORNEY GENERAL IN RE: THE OWNER OF THE STATION – MONTIE FM SALIFU MAASE @ MUGABE ALISTAIR NELSON GODWIN AKO GUNN CIVIL MOTION NO:  J8/108/2016 27TH JULY 2016

Criminal law - Conviction and sentence - Attempted rape - Expert evidence  - Acquitted and discharged -Criminal and other Offences Act, 1960 (Act 29) - Failure of the prosecution to call a vital witness  - Whether or not  the prosecution has proved the accused persons guilt, beyond reasonable doubt - RICHARD  BANOUSIN   VRS. THE REPUBLIC CRIMINAL APPEAL No: J3/2/2014 18^TH MARCH 2014

Criminal Law - Evidence - inconsistencies - Contradictions - Untruthful witness.-Burden of proof - Whether Court of Appeal was right in affirming the decision of the trial High Court  - Whether or not sentence imposed was not harsh and excessive -ABDULAI FUSEINI  VRS THE REPUBLIC CRIMINAL  APPEAL NO. J3/02/2016 6^TH JUNE, 2018

Criminal law – Evidence - Robbery - Adduction of fresh evidence – Birth Certificate - Admission Register of his school - Whether or not the accused at the time he was arrested and arraigned for trail he was below eighteen years - Whether or not the accused could not have been tried and sentenced in the manner which completely meant for adult offenders - Whether or not the court which tried him lacked jurisdiction - Whether or not the sentence imposed there under was also without jurisdiction - MAXWELL  KOFI  GYASI  VRS.THE  REPUBLIC CRIMINAL MOTION No. J8A/7/2013 8^TH APRIL,2013

Criminal law - Narcotic Drug - section 23 (1) - Criminal offences Act of 1960 - Section - Narcotic Drugs (control, enforcement and sanctions ) Act of 1990.- Article 29 (5)  -  1992 constitution - SAMUEL AGOE MILLS ROBERTSON VRS. THE REPUBLIC CRIMINAL APPEAL: J3/4/2014  28^TH  MAY 2014

Criminal law - Narcotic Drugs - Attempted exportation of Narcotic Drug - Possession of Narcotic Drug - Sections 1(1) and 2(1), - Narcotic Drug (Control, Enforcement and Sanctions) Law, 1990 (PNDCL. 236) – Fundamental human right - Whether or not the sentence of twelve (12) years IHL imprisonment imposed on the Appellant by the trial Court was excessive – Whether or not the trial Court violated Article 14(6) of the 1992 Constitution by failing to take into account the period of time appellant was held in custody before the sentence was imposed on him Article 14(6)  - 1992 Constitution - FRIMPONG BADU VRS THE REPUBLIC CRIMINAL APPEAL NO.J3/11/2015  2^ND  DECEMBER 2015

Criminal law - Narcotic drugs - Importation of - Whether reformed character and being a first offender humbly warrant reduction of the sentence - JOEL MEJIA DUARTE MOISES alias JOEL MELIA VRS THE REPUBLIC CRIMINAL APPEAL  NO. J3/8/2016   29^TH MARCH, 2017

 Criminal Law - Narcotics  Act. 236 1990  P.N.D.C.L - Section 1 (1) of the Narcotic Drugs (Control, Enforcement and Sanctions) - Article 14 (6) of the 1992 Constitution - Whether the sentence was harsh and was unreasonable and occasioned substantial miscarriage of justice. since the sentence did not take effect from the date of offence. - HENRY KWAKU  OWUSU   VRS THE REPUBLIC  CRIMINAL APPEAL NO.J3/9/ 2013   20^TH JANUARY 2016

Criminal Law - Narcotics  Act. 236 1990  P.N.D.C.L - Section 1 (1) of the Narcotic Drugs (Control, Enforcement and Sanctions) - Article 14 (6) of the 1992 Constitution - Whether the sentence was harsh and was unreasonable and occasioned substantial miscarriage of justice. since the sentence did not take effect from the date of offence.- HENRY KWAKU  OWUSU   VRS THE REPUBLIC  CRIMINAL APPEAL NO.J3/9/ 2013   20^TH JANUARY 2016

Criminal Law - Robbery - Evidence - Whether the convictions of accused persons by  identification by the victims of the robberies and that the identifications could not be controverted - Whethe  caution statement of the accused tendered by the prosecution considered must be considered by court - TETTEH SAMADZI  (NO. 36781 GC/2) VRS THE REPUBLIC  CRIMINAL APPEAL  NO. J3/1/2016    6^THAPRIL, 2017

Criminal law – Robbery - Identification parade – Whether or not the witnesses were able to identify the accused person - Whether or not the prosecution met the standard of proof in this case - - Whether or not the prosecution by their evidence sufficiently and adequately identified the appellant as one of the robbers – Whether or not the  sentence of forty five (45) years affirmed by the Court of Appeal is excessive.- IGNATIUS HOWE   V THE REPUBLIC CRIMINAL  APPEAL  No J3/3/2013  22^ND MAY 2014 

Criminal law - Robbery - section 149 of Act 29 of 1960.- section 6 of Act 112 of 1962- Whether  learned trial High Court judge did not convict the appellant before sentencing him and therefore the sentence imposed thereafter was wrongful in law - KINGSLEY KUCHAMA a.k.a FRIDAY VRS THE REPUBLIC   CRIMINAL APPEAL  NO. J3/02/2018 8^THMARCH, 2018

Criminal law - Robbery - Sentence - Judicial records - Whether or not the Court commited serious error of law for refusing to look at the appeal against conviction - Wether or not there was no evidence to show that he conspired with any other person - Wether appellant’s inability, through no fault of his, to fully access the trial records, for purposes of his appeal, is a clear violation of his constitutional right to fair hearing  -  Whether or not it is the appellant who causes the loss or destruction of official court proceedings- JOHN BONUAH @ ERIC ANNOR BLAY VRS. THE REPUBLIC  CRIMINAL  APPEAL  NO. J3/1/2015  9^TH  JULY 2015

Criminal law – Robbery – Whether or not Failure to assign reasons has therefore not occasioned any miscarriage of Justice - ISAAC AMANIAMPONG (alias) FIIFI   VRS. THE REPUBLIC  CRIMINAL APPEAL No: J3/10/2013 28^TH  MAY 2014

Criminal law - Narcotic Drugs - Section 23 (1) of Act 29/60 and Section 1 (1) of PNDCL 236 - Whether there was  a Conspiracy to import Narcotic Drugs without  - That the said conviction was not based on law and invited the court to set aside - ITALIO GERVASIO ROSERIO CASTILLO (a.k.a ITALO CABEZA CASTILO) VRS THE REPUBLIC  CRIMINAL APPEAL NO. J3/03/2017 14TH FEBRUARY, 2018    

Criminal law –Libel - Publishers of the periodical - Investigative committee - Sexual misconduct – Removal of head - Company Law - Governing body of the Church – capacity – Trustees - Whether or not the defendant, the Leader and General Head Prophet of the Musama Disco Christo Church, has been lawfully and permanently removed from the post or office – Whether or not the court ignored the fact that the plaintiff failed to comply with the institutional mechanisms established to settle disputes internally as per the Church’s constitution - Whether or not the trial judge relied on uncorroborated evidence - section 3 - Religious Bodies (Registration) Law 1989, (PNDCL 221) - Sections 25(1) and 26 -  Evidence Decree, 1975 (NRCD 323 - MUSAMA DISCO CHRISTO CHURCH PER: REV. JERESIM OFFA JEHU-APPIAH, REV. JAMES KINAKOSA ADDAE SUBSTITUED BY REV. JIMATONA EMMANUEL KOBINA MENSAH REV. JOHN KODAKEEN KWAWO BAGYINA MOZANO NEAR GOMOA ESHIEM VRS PROPHET MIRITAIAH JONA JEHU-APPIAH CIVIL APPEAL NO. J4/31/2012 11^TH NOVEMBER,2015

Customary law – Administration of Eatate - Property – Ownership – Gift inter vivos - letters of administration - Distribution of the estate - Judgment of the Islamic Judicial Committee - Whether or not both plaintiffs and defendant are great grand children of Fatima Suka (deceased) - Whether or not plaintiffs are among legitimate beneficiaries of the estate of the late Fatima Suka - Article 17(2) and (3) of the 1992 Constitution – Whether or not that the estate of Fatima Suka (deceased) was pending before the family - Whether or not the Intestate Succession Law, 1985 (P.N.D.C.L. 111) should apply to the distribution of the estate of Fatima Suka (deceased). sections 11(4) and 12 Section 118(1) (b) (iii) - Evidence Decree NRCD 323 – section 10 of the Limitation Decree, 1972, (NRCD 54) - ABDUL RAHMAN OSUMANU GIWAH ALHAJI ALI ADAMU GIWAH HAJIA FATIMA ALHASSAN GIWAH VRS BABA LADI CIVIL APPEAL. No J4/36/2013 29^TH JULY, 2013

Customary law – Head of family - Family land – Res judicata - Wether there had indeed been a split in the Pitsir Kwaata Anona Family of Uper Inchaban - KWAMINA SIISI SUING FOR AND ON BEHALF    OF THE PITSIR KWAAT ANONA  FAMILY OF UPPER INCHABAN VRS PROPHET J. K. BOATENG, JOHN KWESI WILSON CIVIL APPEAL NO.J4/27/2011  7^TH MAY 2014

Customary law – Head of family (Ebusuapanyin) - Perpetual injunction – Capacity  - Estoppels -  Whether or not the defendant herein is the Ebusuapayin of Nana Buturnyan Anona Family of Tetter Kessim” - Whether or not the Buturnyan Anona Family of Tetter Kessim is made up of eight sections each with its own head - Order 25 rules (2) and (3) -  High Court [Civil Procedure] Rules LN 140 A of 1954 - EBUSUA PANYIN KOFI ESSUON  VRS CHARLES KOFI BOHAM  (SUBSTITUTED BY EKOW LAMPTEY) CIVIL APPEAL  NO.J4/1/2014    21^ST  MAY 2014

Customary law - Omanhene - Land - Allodial title - British administrative elevation - Customary elevation - Paramount chief – Whether or not the overlordship of Japekrom and other villages after the partition of the Bono or Gyaman Kingdom is based on British administrative elevation and not customary elevation by the Bono or Jaman customary - THE ASSEMBLIES OF GOD  CHURCH OF GHANA (PER REV. PETER ATTA), DROBO TRADITIONAL COUNCIL  VRS KWADWO OSEI CIVIL APPEAL  NO. J4/49/2015 19^TH NOVEMBER,2015

Divorce - Breakdown of the marriage - Equal protection of spouses - Interests in Marital Property - Matrimonial home - Part-Ownership - Sole custody of the children - Financial provisions - Interlocutory injunction - section 19 of the Matrimonial Causes Act, 1971 (Act 367) - Article 22(3) of the 1992 Constitution - constitutional interpretation - Norm of equal sharing - PATIENCE ARTHUR VRS. MOSES ARTHUR CIVIL APPEAL. No J4/19/2013    26^TH JULY, 2013

Divorce – Dissolution of marriage - Financial settlement – Property - Maintenance pending the final determination of the suit – Whether or not the lower courts failed to ‘use the evidence on record to determine the quantum of financial settlement  - Whether or not  the order of payment of the lump sum or its equivalent in cedis is excessive and constitutes gross miscarriage of justice - Section 20 - Matrimonial Causes Act 1971, Act 367 – Article 22 and 296 – 1992 Constitution - ANTHONY VICTOR OBENG VRS MRS THERESA HENRIETTA OBENG CIVIL  APPEAL  NO. J4/37/2015 9^TH  DECEMBER 2015

Divorce - Joint owner - Property - Whether marriage was a nullity on grounds that the appellant was married at the time he purportedly contracted that marriage - whether the court, having concurred in the findings of the court , annulment of the marriage could settle the property on the respondent as compensation and make further orders on costs - MRS. THERESA OWUO  VRS FRANCIS OWUO  CIVIL APPEALNO. J4/20/2017  6^TH  DECEMBER, 2017

Divorce - Marital Property - Settlement - Whether or not the trial judge erred in law when he treated the proposals submitted without prejudice for consideration towards an amicable settlement - Whether or not there was disagreement on those proposals as a result of -complete rejection of the proposals submitted on behalf of the appellant by counsel for the respondents - Whether or not the parties had failed to reach a consensus on the settlement - Whether or not the disputed house was vested in the two children - Whether the appellant was the sole trustee of the disputed house with the death of the petitioner -  ELOI KOFI MENSAH SIMMONS  (SUBST. BY ALICE  N.  SIMMONS  AND ELOI KOFI  SIMMONS) VRS. CATHERINE SIMMONSCIVIL APPEAL   NO: J4/21/ 2015  15^TH  MARCH  2016

Divorce - Matrimonial Causes - Abatement of cause of action - Joint ownership - Property settlement - Whether no cause of action arising where a party dies in the course of proceedings for the dissolution of marriage - Whether ancillary reliefs such as property rights survive the death of a party - MILLICENT ASARE BOAFO   VRS PETER ABABIO     (SUBSTITUTED BY PAUL KWABENA MENSAH)  CIVIL APPEAL NO. J4/61/2014 13^TH DECEMBER, 2017

Employment - Collective Bargaining Agreement - Termination - Casual Workers - Article 17 and 24(1) of the 1992 Constitution. - Whether Plaintiffs were employees - Whether - Plaintiffs were casual workers - Whether appiontments had been terminated in a manner inconsistent with their status as junior staff or employees - BENJAMIN ARYEE & 691 ORS.   VRS  COCOA MARKETING COMPANY  CIVIL APPEAL  NO. J4/11/2017   29^TH NOVEMBER, 2017

Employment - Contract OF appointment - Wrongful termination of his contract - Defamation - Damages - Whether or not decision not to renew the Plaintiff’s contract in the absence of the Council is null and void and of no effect. - Whether or not Plaintiff’s contract as the Head of the Department of Community Medicine is due to end on 31st August 2009 and not 31st July 2009 - PROFESSOR E. O. ADEKOLU JOHN VRS UNIVERSITY FOR DEVELOPMENT STUDIES TAMALE, S. M.  KUUIRE CIVIL APPEAL No. J4/59/2013 19TH MARCH 2014

Employment - Labour – Contract of employment - Termination of employment - Negligence –– Whether or not the decision of the Court dated was against the weight of the evidence - Whether or not verification of the signature is the responsibility of the Plaintiff. - Whether or not Plaintiff did verify the signatures on the transfer request letter according to established protocol - Whether or not termination of Plaintiff’s employment was wrongful or unlawful - CHARLES AFFRAN VRS SG-SSB LIMITED CIVIL APPEAL NO. J4/71/2018 21ST MARCH, 2019

Employment - License agreement - breach of - Senior Staff rules and Conditions of service - Contempt of Court - Whether appellant the had a valid subsisting license agreement to stay in the property - Whether or not the respondents by summarily dismissing the appellant were in contempt of court  - whether or not the respondents by evicting the appellant from the apartment had committed contempt - THE REPUBLIC  VRS BANK OF GHANA, THE GOVERNOR (BANK OF GHANA)  MR. SIMON P. KYEI, MR. YAW AFRIFA MENSAH, SALIFU M. ABUKARI, MRS. CAROLINE OTOO  EX-PARTE: BENJAMIN DUFFOUR , CIVIL  APPEAL NO. J4/34/2018  6^TH  JUNE, 2018

Employment - Redundancy - Section 65 of the Labour Act, 2003 (Act 651) - Whether termination of the employment contract was unlawful.- Whether the exit package  offered was unilaterally and arbitrarily determined and sinned against Section 65 of the Labour Act, 2003 (Act 651) - Matter of public interest -  oath of secrecy - MRS JANET DOE  VRS SOCIAL SECURITY AND NATIONAL INSURANCE TRUST, THE TRUST HOSPITAL LIMITED CIVIL APPEAL  NO. J4/13/2016    20^TH DECEMBER, 2017

Employment - Redundancy  - Termination -  Whether applicant was unjustly removed from office - Whether termination of employment by way of redundancy without agreeing  on the amount of the redundancy pay and the terms and conditions of the payment is unlawful and in breach of the contract of employment - Whether it is the Labour Commission, and not the High Court,which has jurisdiction in Labour matters - THE REPUBLIC VRS HIGH COURT, ACCRA (INDUSTRIAL & LABOUR DIVISION COURT 2)   EX PARTE: PETER SANGBER-DERY ADB BANK LTD  CIVIL MOTION  NO: J5/53/201726^TH JULY, 2017

Employment - Termination of Appointment - Misconduct -  Article 33 (1) of the Constitution, 1992 and Order 67 of the High Court (Civil Procedure) Rules, C.I. 47, 2004 - Whether a private telephone conversation clandestinely recorded, is a gross infringement of  fundamental human rights to the freedom of speech, expression, - Whether revealing of confidential information contrary to her oath of secrecy subscribed upon assumption of office can lead to terminate of employment - Whether relevant evidence is admissible in legal proceedings regardless of how it was obtained.- MRS. ABENA POKUAA ACKAH  VRS AGRICULTURAL DEVELOPMENT BANK CIVIL APPEALNO. J4/31/2014  19^TH DECEMBER, 2017

Employment - Termination of employment - Judicial Review - CI 47 High Court [Civil Procedure] Rules - Order 55  - Whether termination of employment of the applicants was unlawful - Whether termination of appiont by Board chairman unlawful and a violation of due process and relevant service conditions of NABPTEX and Civil Service of Ghana as well as the 1992 Constitution of Ghana.- Whether or not the High Court had no jurisdiction to entertain the matter - Whether the procedure of judicial review adopted by the appellants for redress was inappropriate - FRANCIS OWUSU-MENSAH, STEPHEN O. ADJAPONG VRS NATIONAL BOARD FOR PROFESSIONAL & TECHNICAL EXAMINATIONS (NAPTEX) PROF. PAUL N. BUATSI MR. FRANCIS W.Y. TAGBOR CIVIL  APPEAL NO. J4/57/20179^TH MAY, 2018 

Employment - Wrongful dismissal - Computation of the awards - Assessing of damages - Whether Plaintiffs purported dismissal was wrongful and unwarranted.- Whether or not Defendants to pay to the Plaintiffs all their end of service and accumulated entitlements - GODSON AWORTWI DADZIE,  PHILIP NYATUAME   VRS BARCLAYS BANK OF GHANA LIMITED  CIVIL APPEAL NO. J4/41/2017 16^TH MAY,

Employment - Wrongful dismissal - Safety of a workman - whether Court of Appeal misdirected itself on the law and fell into an error as the trial High Court did resulting in a miscarriage of justice - Whether injuries and incapacity suffered during and in the course of his employment with the Defendant, fell within the ambit of the Workmen’s Compensation Act, 1987, (Act 187) - MIDAS APAABEY  VRS KGM INDUSTRIES LTD     CIVIL APPEAL  NO. J4/ 29/ 2016  13^TH DECEMBER, 2017

Employment – Wrongful dismissal. – Criminal law - Conspiracy to commit crime - Fraudulent withdrawal of money - Causing financial loss to the state - Sections 23(i) and 179 A (3) (a) - Criminal Code Act 29 of 1960 and causing Financial loss to the State, contrary to section 179 A (3)(a) of the Criminal Code Act 29 of 1960 – Whether the that his dismissal from the employment of the defendant - Whether the dismissal was wrongful and in contravention of the provisions of Article 191(b) of the Constitution 1992 – Whether the acquittal of the appellant did not exonerate him from liability for the loss – Whether or not there was gross negligence of duty and misconduct which led to the loss of the amount - SEBASTIAN D.N.K. GAVOR VRS. BANK OF GHANA CIVIL APPEAL  NO. J4/4/2014 13^TH NOVEMBER, 2014 

 Employment - Wrongfully dismissal - Damages - Whether the variation of the judgment of the trial court to the disadvantage of plaintiff was unfair since it was defendant who deliberately delayed the trial - Whether or not plaintiff did not mitigate his losses by finding an alternative means of employment - Whether or not  the courts would award damages that are remote to the breach - MOSES OKRAH   VRS AGRICULTURAL DEVELOPMENT  BANK  CIVIL APPEAL  NO: J4/58/20149^TH  MARCH 2016 

 Employment - Wrongfully dismissal - Damages - Whether the variation of the judgment of the trial court to the disadvantage of plaintiff was unfair since it was defendant who deliberately delayed the trial - Whether or not plaintiff did not mitigate his losses by finding an alternative means of employment - Whether or not  the courts would award damages that are remote to the breach -   MOSES OKRAH   VRS AGRICULTURAL DEVELOPMENT  BANK  CIVIL APPEAL  NO: J4/58/20149^TH  MARCH 2016 

Estoppel - Res judicata – Land - Deed of Gift - Deed of Purchase - Abuse of process - Whether or not the judgment of Ollenu J, could operate as estoppel against the Deed of Gift - Whether or not the judgment entered by the Court of Appeal is against the weight of evidence - JUSTICE GILBERT MENSAH QUAYE (SUBST. BY DANIEL MENSAH QUAYE) VRS KOIWAH INVESTMENT CO.LTD, GERSHON ADJIN, DR. ADU GYAMFI, INTERNATIONAL CENTRAL GOSPEL CHURCH CIVIL APPEAL NO. J4/42/2018 30^TH JANUARY, 2019

Evidence - Land -Probative value of the evidence - Burden of proof - The attitude of the second appellate court to findings of fact concurred in by the intermediate appellate court - Failure to lead any evidence in support of the assertion - Exercising overt acts    - EBUSUAPANYIN EKUMA MENSAH VRS NANA ATTA KOMFO II CIVIL APPEAL NO. J4/33/2017 23^RD JANUARY, 2019

Evidence - Property -  Leasehold - Document - Burden of proof and persuasion -Whether the leasehold agreement satisfied the conditions for its admissibility under the applicable evidentiary rules -  Whether the used of the word attestation instead of signed would affect the meaning and understanding of a document, Consequent  leading its rejection  -  NIEF SIMON AKILL(SUBSTITUTED BY VIDA AKILL)  VRS JAMES CHRISTOPHER O. LAMPTEY (SUBSTITUTED BY EMMANUEL O. W. CHRUICHANK) SERWAA BONSU CIVIL APPEAL NO. J4/05/2016  20^TH DECEMBER, 2017

Execution  - Stay of execution - whether or not the warehouse floor had failed because of inferior materials and workmanship - whether or not trucks had been allowed to come into the warehouse without regard to the concrete strength of the warehouse floor - ADM COCOA GHANA LIMITED VRS INTERNATIONAL LAND DEVELOPMENT COMPANY LIMITED   CIVIL MOTION  NO.J8/47/2015   7^TH MAY2015

Execution  - Stay of execution - whether or not the warehouse floor had failed because of inferior materials and workmanship - whether or not trucks had been allowed to come into the warehouse without regard to the concrete strength of the warehouse floor - ADM COCOA GHANA LIMITED VRS INTERNATIONAL LAND DEVELOPMENT COMPANY LIMITED   CIVIL MOTION  NO.J8/47/2015   7^TH MAY2015

Execution  - Stay of Execution pending an appeal - Interlocutory appeal -  Whether wrongful assumption of jurisdictionof court - Whether there was a breach of the natural justice rules and want of jurisdiction - THE REPUBLIC  VRS  COURT OF APPEAL EX-PARTE; ECONOMIC AND ORGANISED CRIME OFFICE, NICHOLAS ANAMO CIVIL  MOTION   NO. J5/43/2018 4^TH JULY, 2018

Execution - Attachment - Post-judgment proceedings - Claim of interest in respect of certain properties - Ownership of properties - Contract to transfer the shares - Section 3 -  Mortgages Act, 1972, NRCD 72 - Order 44 Rules 12 and 13 - High Court Rules, 2004, C. I. 47 - Section 72 of PNDCL 152 - Land Title Registration Law - section 32 of Act 689 - Stamp Act - section 37(1)  - Evidence Act, 1975, NRCD 323 - MARTIN ALAMISI AMIDU VRS THE ATTORNEY GENERAL, WATERVILLE HOLDINGS (BVI) LTD , ALFRED AGBESI WOYOME AND UT BANK LTD (IN RECEIVERSHIP) ANATOR HOLDINGS COMPANY LIMITED ANATOR QUARRY COMPANY LIMITED CIVIL MOTION NO. J8/03/2018 27TH JUNE, 2019

Execution - Attachment - Post-judgment proceedings - Claim of interest in respect of certain properties - Ownership of properties - Contract to transfer the shares - Section 3 -  Mortgages Act, 1972, NRCD 72 - Order 44 Rules 12 and 13 - High Court Rules, 2004, C. I. 47 - Section 72 of PNDCL 152 - Land Title Registration Law - section 32 of Act 689 - Stamp Act - section 37(1)  - Evidence Act, 1975, NRCD 323 -  MARTIN ALAMISI AMIDU VRS THE ATTORNEY GENERAL, WATERVILLE HOLDINGS (BVI) LTD , ALFRED AGBESI WOYOME AND UT BANK LTD (IN RECEIVERSHIP) ANATOR HOLDINGS COMPANY LIMITED ANATOR QUARRY COMPANY LIMITED CIVIL MOTION NO. J8/03/2018 27TH JUNE, 2019

Execution - Invoking of the original jurisdictionof the Supreme Court - Whether the Attorney-General,  is the sole and Constitutional body entrusted with the responsibility to represent the Government of Ghana in Civil proceedings - Whether the Attorney-General, in this application can proceed  by resorting to judicial processes regulating execution of judgments - MARTIN ALAMISI AMIDU  VRS THE ATTORNEY GENERAL WATERVILLE HOLDINGS  (BVI) LTD, ALFRED AGBESI WOYOME   CIVIL MOTION   NO. J8/ 08/ 2018    28^TH NOVEMBER, 2017

Execution - Order for the judicial sale -  Stay of execution - Writ of Fieri Facias (Fi.Fa) - Whether defendants  application for a stay of execution and to be allowed to pay back the judgment debt in installments after order of execution - Whether the judgment exceeded the amount claimed by the plaintiff in its writ of summons - Whether sale of the 1^st Defendant’s  immoveable property was illegal and void since movable plant and machinery which were charged as security for the loan were not attached - GHANA COMMERCIAL BANK VRS EASTERN ALLOYS COMPANY LIMITED , WORLD PRAYER CENTRE,  DELA AKPEY  CIVIL  APPEAL NO. J4/59/ 2017 4THJULY, 201

Execution - Stay of execution - Special leave to appeal - Whether or not serious irreparable would be caused to his client if the applicant was not granted - ANTHONIO OLIMPIO SANTOS FELIX  VRS GIOVANN ANTONELI BIGLEBB CONSTRUCTION CIVIL MOTION NO. J8/125/2016 FILED ON 4^TH  NOVEMBER 2016

Execution - Writ of fi.fa - 44(9)(1) and 44(9)(2) of the High Court (Civil Procedure) Rules, 2004 (C. I. 47) - MARTIN ALAMISI AMIDU  VRS THE ATTORNEY GENERAL WATERVILLE HOLDINGS (BVI) LTD, ALFRED AGBESI WOYOME   CIVIL MOTION  NO NO. J8/ 03/ 2018  20^TH  OCTOBER, 2017

Execution - Writ of fi:fa  - Judgments - Recovery of an overdue overdraft – Interest - Setting aside the sale – Whether or not  Execution - Writ of fi:fa  - Judgments - Recovery of an overdue overdraft – Interest - Setting aside the sale - GHANA COMMERCIAL BANK VRS J.  K. ACKAH ENTERPRISE LTD JOSEPH  KWEKU  ACKAH, KOFI ABAIDOO No.J4/60/2013  9^TH APRIL 2014

Execution  - Supreme Court  - 1992 Constitution - Article 134(b) -  invoking the original  jurisdiction of the Supreme Court - Recovery of money - Stay of execution - ZOOMLION GHANA LTD   VRS. MERSKWORLD CO. LTD  REVIEW  MOTION  No. J7/5/2014    6^TH FEBRUARY,2014

Immigration - Deportation - Certiorari - Habeas Corpus - Mandamus.- Whether Comptroller can cancel the residence/work permit of the interested party. - Whether the High Court has power to, revoked the deportation order - Whether court exceeded its jurisdiction, when it ordered the restoration of the work/resident - THE REPUBLIC VRS  HIGH COURT, GENERAL JURISDICTION ‘5’, ACCRA EX PARTE:THE MINISTER FOR THE INTERIOR THE COMPROLLER-GENERAL OF IMMIGRATION SERVICE , ASHOK KUMAR SIVARAM  CIVIL MOTION NO. J5/ 10/ 2018   8TH MARCH2018

Injunction - Interlocutory injunction -  1992 Constitution  - Article 132  - Setting aside the aspect of the application relating to the mandatory injunction - Whether or not setting aside application for interlocutory injunction is an error in law which affects the jurisdiction of the High Court as it undermines the authority of the Supreme Court - THE REPUBLIC  VRS. THE HIGH COURT, SEKONDI EX-PARTE: MECHANICAL LLOYED CO. LTD  MANTRAC GHANA LTD  TAKORADI FLOUR MILLS LTD, ELECTRICITY COMPANY OF GHANA, SEKONDI/TAKORADI METROPOLITAN ASSEMBLY CIVIL  MOTION NO.J5/33/2015   21^ST JULY 2015

Injunction - Interlocutory injunction – Jurisdiction – Whether or not the appeal was improperly constituted - Whether or not the appeal should be dismissed without a consideration of the merits - Whether or not an interlocutory injunction is final or interlocutory - rule 8(1) (a) - Supreme Court Rules, CI 16.  - DANIEL ELIAS WILLIAM JOSEPH VRS OKOMFO ANKYE THE LANDS COMMISSION (THE REGIONAL LANDS OFFICER, KUMASI) CIVIL APPEAL No. J4 /12  / 2012  27^TH  FEBRUARY,2013

Injunction  - National Media Commission (Content Standards) Regulations, 2015 (LI 2224) - Article 130 (2) of the 1992 Constitution  - Whether or  not declarations to the effect that the requirement for prior authorisation of content amounts to censorship, control and direction of media institutions - Whether or  not the said L.I was inconsistent with Articles 162(1) and (2), 162 (4), 167 (d) and 173 of the 1992 Constitution which guarantee freedom of the media - GHANA INDEPENDENT  ASSOCIATION  VRS THE ATTORNEY-GENERAL  NATIONAL MEDIA COMMISSION WRIT No.  J1/ 4/ 2016 21^ST APRIL 2016

Insurance - Motor traffic accident- Section 10 (2) - Motor Vehicle Third Party Insurance Act No. 42 of 1958  - Substituted service by post – Whether or not breached the provisions of section 10 (2) of             the Motor Vehicle Third Party Insurance Act - Whether or not  the plaintiff was of the  knowledge that Aaron Owusu Mensah had been shot dead during a chieftaincy dispute before he was sued – Court of Appeal erred in law when it declared the whole proceedings null and void.- Whether or not the Court of Appeal erred in law when it declared the whole proceedings null and void.- Whether or not if the customary successor’s name is used on an insurance policy then it predates the death of the desead -  THERESA OFORI  VRS STAR ASSURANCE COMPANY LIMITED CIVIL  APPEAL NO.J4/27/2013 29^THOCTOBER 2014

Interpretation  - True and proper interpretation of Articles 181 (3), (4), (5), and (6) - 1992 Constitution the Republic of Ghana -  Procurement process - Award of contracts – Abrogation of contract - Memorandum of Understanding – Whether or not the said contact is an international business or economic transaction under Article 181 (5) of the 1992 Constitution that could only have become operative and binding on the Government of Ghana after being laid before and approved by Parliament - Whether or not the two Agreements each dated 26^th April 2006 as stated in reliefs (1) and (2) herein not having being laid before and approved by Parliament pursuant to Article 181 (5) of the 1992 Constitution is each inconsistent with and in contravention of the said Article 181 (5) of the Constitution and consequently null, void and without operative effect whatsoever - Whether or not the two Agreements is each a loan transaction within the meaning of Article 181 (3), (4) and (6) of the 1992 Constitution whose terms and conditions had to be further laid before Parliament and approved by a resolution of Parliament to be operative and binding on the Republic of Ghana - Whether or not the 1^st Defendant in paying or ordering the payment by the Republic of Ghana of claims raised by the 3^rd Defendant with the said Austro-Invest is inconsistent with and in contravention of the letter and spirit of the Constitution, particularly Articles 181 (3), (4), (5), and (6) of the 1992 constitution thereof and are according null, void and without effect whatsoever - MARTIN ALAMISI AMIDU VRS THE ATTORNEY GENERAL WATERVILLE HOLDINGS (BVI) LTD ALFRED AGBESI WOYOME WRIT No. JI/15/2012 14^TH JUNE, 2013

Interpretation - Agreement  - Capacity - Article 181 (3) (4) and section 7 of the Loans Act, (Act 335) - Article 181 (5) of the 1992 Constitution - Whether or not the international business or economic transaction within the meaning of Article 181(5) of the 1992 Constitution and never became operative because it was not laid before and approved by Parliament and is accordingly null, void and without effect whatsoever - Whether or not the Agreement between Isofoton S. A. of Montalban 9, 28014, Madrid Spain, a foreign registered company and the Ministry of Energy of the Government of Ghana in 2001 for the execution of the “Solar Electrification Project in Ghana Phase II” is an international business or economic transaction - Whether the conduct of the 2^nd Defendant in suing for breaches of the said Agreements through his lawful Attorney the 3^rd Defendant when he knew that the Agreements were international business or economic transactions which had never been laid before and approved by Parliament is inconsistent with and in violation of the Articles 2 and 181 (5) of the Constitution - Whether the High Court which heard and granted reliefs in two actions commenced by the 3^rd Defendant on behalf of the 2^nd Defendant in Consolidated Suit Nos. BC23/2008 and BC24/2008 pursuant to the said international business or economic transaction which had not become operative under Article 181 (5) of the 1992 Constitution had acted without jurisdiction - Whether the Plaintiff has capacity to bring this action - MARTIN ALAMISI AMIDU VRS ATTORNEY GENERAL ,ISOFOTON ,S.A ANANE- AGYEI FORSON WRIT No. JI/23/201221^ST JUNE,2013

J.  K.  AGYARBENG & 62 ORS   VRS SG/SSB BANK  LTD(NOW  SOCIETE  GENERALE GHANA)  CIVIL  APPEAL NO.J4/11/2015   17^TH JUNE 2015

 Judges - Serving judges - Allegations of corruption - Capacity -  1992 Constitution Article 146 (3) - whether or not there was a prima facie case made against each of the Plaintiffs - whether or not 1^st Defendant was a corporate body - Whether or not the removal of the Plaintiffs as Justices of the Superior Court are inconsistent with and in contravention of Article 146 (3) of the 1992 Constitution - Whether or not  1^st Defendant lacks the legal capacity to file the said petitions.- Whether of not said petitions are vitiated by fraud - Whether or not balanced assessment of the competing public interests in Article 21(1) (a) of the 1992 Constitution - H/L JUSTICE MUSTAPHA HABIB LOGOH, H/L JUSTICE PAUL UUTER DERY  H/LJUSTICE GILBERT AYISI ADDO  VRS. TIGER EYE PI  THE CHIEF JUSTICE OF GHANA THE ATTORNEY GENERAL WRIT NO: J1/9/2016 27^TH OCTOBER 2016

Judgment - interlocutory matter – Whether or not the appeal was filed outside the prescribed 21 days allowed for Interlocutory Appeals - Whether or not the trial Judges erred when they held that the Notice of Appeal was legitimately filed and therefore not incompetent – Whether or not the strike action by Judicial Service Staff can affect the filing of court processes, regarding times set by the rules of court in civil proceeding - DENNIS TORGBENU, TORGBE KUDZE, MICHAEL LARWEH MLORFE VRS TORGBE NAKAKPO DUGBAZA VIII, CIVIL APPEAL NO. J4/39/201830^TH JANUARY, 2019

Judicial review - Breach of the right to a fair hearing - Procedural impropriety - Abridgement of time Constituency election - Application for joinder - THE REPUBLIC VRS  HIGH COURT , ACCRA EX PARTE; JOSEPH  DANSO   NEW  PATRIOTIC  PARTY (NPP)THE ELECTORAL COMMISSION,  KWAME OWUSU ANSAH , SARPONG KUMANKUMA,  ANTHONY GYAMFI-AMEYAW        CIVIL MOTION  No.: JS/5/2015    22^ND   JANUARY 2015

Judicial review - Legislation -  Whether or not the authority given by Parliament to the Minister to amend Act 793 was unconstitutional.- Whether or not Legislative Instruments made by the Minister for Finance were void - proper construction or interpretation of Article 267(3) of the Constitution - Whether or not the annual ground rent payable by holders of mining concessions granted over stool lands is inconsistent with and in contravention of articles 1(2), 11(1), 93(2) and 267(3) of the 1992 Constitution as well as sections 23 of the Mineral and Mining Act, 2006 (Act 703  X- TRA GOLD MINING LIMITED   VRS.   ATTORNEY-GENERAL WRIT NO. J1/ 23/ 20 1528 JULY, 2016

Judicial review – Order of certiorari - Invoking the Supervisory jurisdiction  - Article 132 – 1992  constitution - Capacity or locus standi –  Whether or not did the settlement take place before the delivery of the Judgment - Whether or not was the case a cause or matter affecting chieftaincy - the judge breached the rules of natural justice - THE REPUBLIC VRS THE HIGH COURT (FAST TRACK DIV.) ACCRA EX PARTE: FRANCIS  NII  AYIKAI, NII AKOSOKU IV. a. k. a (PERCY OKOE ADDY) CIVIL MOTION NO.J5/2/2014   31^ST  JULY 2014

Judicial review - Stay of execution - Order of prohibition - Relistment of their motion Whether or not it was proper to have struck out. the case - Whether or not the court acted without jurisdiction - whether in the circumstances there was any miscarriage of justice - THE REPUBLIC VRS. HIGH COURT  17, ACCRA EX PARTE;  KWAME  EYITI AKAN PRINTING PRESS, VICKRAM  RAJWANI   CIVIL MOTION No.: JS/41/201 21^ST  JANUARY 2015

Labour – Employment - Casual and temporary workers - Termination of employment -  End of service benefits - Res Judicata – Jurisdiction – Limitation of time - Whether or not the the decision of second High Court judge did operate as res judicata since he essentially declined jurisdiction - Whether or not a dismissal by a court or a competent tribunal on grounds of want of jurisdiction is not binding on the grounds of res judicata - KWADWO DANKWA, FRANCIS ADOM, KWAKU ADDAE, YAW BOATENG & 249 OTHERS VRS ANGLOGOLD ASHANTI LTD CIVIL APPEAL NO. J4/22/201814^TH FEBRUARY, 2019

Labour - Employment - Casual workers - Non-permanent workers - Re-organisation exercise - Redundant - Laid off. - Severance packages - Collective Bargaining Agreement - Limitation Act, 1975 (NRCD 54)  - Whether or not plaintiffs’ action was statute barred. - 1992 Constitution - Article 130 (2)  - Whether or not reference to the Supreme Court under article 130 (2) of the 1992 Constitution was unconstitutional - Whether or not there was breach of the collective bargaining agreement between the parties. - SAMUEL BONNEY & 4,174 OTHERS   VRS GHANA PORTS AND HARBOURS  AUTHORITY CIVIL APPEAL NO.J4/39/2012   29^TH JANUARY 2014

Labour - Employment - Removal as a director of the companies -Termination of appointment as director – Discrimination - Compensation for sexual harassment and victimization -  order of injunction to restrain the defendant from further sexual harassment - Trade secrets and valuable commercial information - Damages -  Breach of trust and confidence - Rule 6 (1) (f) - Supreme Court Rules, CI 16 - Section 11 (1) and (4) - Evidence Act, 1975, NRCD 323 -. section 194 (1) - Companies Act, 1963, Act 179 - FAUSTINA TETTEH VRS T. CHANDIRAM & CO. GH. LTD. DECORPLAST LTD. MR. INDRU MAHBUBANI ARUN MALKANI CIVIL APPEAL NO. J4/52/2018  24^TH JULY, 2019

 Labour - Employment - Removal as a director of the companies -Termination of appointment as director – Discrimination - Compensation for sexual harassment and victimization -  order of injunction to restrain the defendant from further sexual harassment - Trade secrets and valuable commercial information - Damages -  Breach of trust and confidence - Rule 6 (1) (f) - Supreme Court Rules, CI 16 - Section 11 (1) and (4) - Evidence Act, 1975, NRCD 323 -. section 194 (1) - Companies Act, 1963, Act 179 - FAUSTINA TETTEH VRS T. CHANDIRAM & CO. GH. LTD. DECORPLAST LTD. MR. INDRU MAHBUBANI ARUN MALKANI CIVIL APPEAL NO. J4/52/2018  24^TH JULY, 2019

 Labour – Employment - Severance award – Redundancy – Whether or not the Appellant and his colleagues had at any time lost their employment with the Defendant, Ghana Cocoa Board or Produce Buying Company Limited - Whether or not the defendants are liable to pay to the plaintiff and each of the persons on whose behalf the plaintiff brings this action severance pay for loss of employment. -Whether or not costs awarded against the Plaintiffs is unjustified in the circumstances – Whether or not Appellants did n suffer any diminution in the terms and conditions of employment - MARTIN A. ATUAHENE FOR HIMSELF AND ON BEHALF OF OTHER FORMER EMPLOYEES OF THE GHANA COCOA MARKETING BOARD VRS GHANA COCOA MARKETING BOARD CIVIL APPEAL NO. J4/23/2018 6^TH FEBRUARY, 2019

Labour - Employment - Terms of engament - Whether working continuously for over 4 years as employees of makes you as a permanent worker - Whether they have economic rights under the 1992 Constitution and contrary to the terms of a Collective Bargaining Agreement (CBA) that the Industrial and Commercial Workers Union (ICU - BENJAMIN ARYEE & 691 ORS.   VRS  COCOA MARKETING COMPANY  CIVIL APPEAL  NO. J4/11/2017  29^TH NOVEMBER, 2017

Labour – Master and servant - Employment - Unpaid salaries and allowances - Wrongful interdiction - Voluntary retirement package - Interest on the said sum - National Labour Commission - Conditions of Service of Management Staff - Whether or not plaintiff was ever re-instated with full benefits after his interdiction by the defendant - Whether or not the said re-instatement was lawful Whether or not plaintiff did voluntarily retire from the services of the defendant - Whether or not plaintiff is entitled to the payment of retirement benefits and arrears of salary and allowances upon his re-instatement after his interdiction - particularly sections 137 to 143 and section 193 - Companies Act, 1963 [Act 179] - Court’s (Award of Interest and Post Judgment Interest) Rules, 2005 [C.I. 52] - KENNETH DEGBOR VRS ATLANTIC PORT SERVICES CIVIL APPEAL NO. J4/29/2018 12^TH JUNE, 2019

Labour - Termination of emploment - Re-organisation (down-sizing of its staff) - Collective Bargaining Agreement -Redundancy - Whether or not the whether the members of SSA were to benefit from the joint negotiations - Whether or not whether by statute law or some form of contract or usage of trade the appellant was bound to negotiate a severance benefits package with the respondents before embarking upon the process of laying off staff - Whether or not amounts paid and received by the respondents cwere unilaterally imposed on them by the appellant - Whether or not so-called voluntary separation benefits packages was wrongful and unlawful being inconsistent with and in contravention of the Labour Decree 1967 (NLCD 157 - Whether or not the that the termination of employment of Defendants was a wrongful- J.  K.  AGYARBENG & 62 ORS   VRS SG/SSB BANK  LTD(NOW  SOCIETE  GENERALE GHANA)  CIVIL  APPEAL NO.J4/11/2015   17^TH JUNE 2015

Labour - Workmen’s Compensation Act - Jurisdiction - Whether In ordering Defendants to pay Plaintiff’s medical bills the Court of Appeal did not appreciate the totality of the evidence before it - Whether, the Court of Appeal exercised its discretion wrongly in the award - JULIUS SYLVESTER BORTEY ALABI   VRS  PARESH  DEE JAY   B5 PLUS COMPANY LIMITED  CIVIL APPEAL NO. J4/39/2017 21^ST FEBRUARY 2018

Labour - Wrongful termination of Employment - Disciplinary committee - Whether judgment is against the weight of evidence - “whether or not the termination of the appointment of plaintiff is contrary to the collective agreement - JOHN TAGOE VRS ACCRA BREWERY LTD CIVIL APPEAL  No.J4/47/2014 25^TH MARCH 2015

Land -  Declaration of title - Damages for trespass -  Special leave - Recovery of possession - Stay of execution pending appeal - Whether or not the said contempt proceedings were still pending before the High Court for determination - Whether or not the Court of Appeal relied on unproven matters to deny the appellants the remedy sought - KWASI OWUSU, NII ACHIA FAMILY VRS JOSHUA NMAI ADDO EMMANUEL K. Q. PAPAFIO CIVIL APPEAL NO.  J4/50/2014   DATE: 30^TH JULY, 2015

Land -  Gift - Ownership - Acquiescence - Res judicata  - Which of the parties has a better title to the land - Whether or not the judgment is completely contrary to our customary law on ownership - THE   REGISTERED   TRUSTEES    OF THE CATHOLIC CHURCH  ACHIMOTA  - ACCRA VRS BUILDAF  LTD, MR.  ABU , MOHAMMED ASAMOA -  KWANING CIVIL  APPEAL NO.J4/30/2014  25^TH JUNE 2015

Land -  Agricultural tenant.- Lease -  Tema Acquisition Area. - Tema Development Corporation (amendment ) Instrument 1989 (LI 1468). - Whether Recovery of compensation at the recent market value - Whether or not Valuation be determined by the March 2005 of the 5 acres of land re-entered by the defendants or their agent - A. R.  DUODU-SAKYIAMA  VRS. TEMA DEVELOPMENT. CORPORATION CIVIL APPEAL NO.J4/25/2015 6^TH JUNE 2016

Land - Capacity - Title to - Abunu tenancy agreements - Evidence - Whether the appeal was by way of rehearing, - Whether the judgment was against the weight of evidence - Whether or not the findings (both legal and factual), which the two lower courts made on the crucial issues before them, including the question of capacity, were properly made. - whether or not she demonstrate that she was the customary successor of her late father so granted the land belonged to her late father at all - EVELYN ASIEDU OFFEI VRS YAW ASAMOAH ODEHYE KWAKU GYAPONG    CIVIL APPEAL NO J4/64/2016 25^TH APRIL, 2018

Land - Compulsorily acquired property - Full compensation paid - Unused portion of Government Land - Ownership, - Executed deed of assignment - Capacity to convey - Recovery of possession - Perpetual injunction - Special and General Damages for trespass - Article 20 (5) and (6)  of the 1992 constitution – Whether or not his Lordship’s were right in ordering that the appellant executes a deed of assignment in respondent’s favour within 30 days of the order - Whether or not the Court of Appeal erred in ordering the appellant to convey it to the respondent on account of the declaration - Whether or not the Commission lacked the capacity to carve out leasehold interest in favour of the respondent - MADAM NAFISA IDDRISU VRS NORGA GRUMAH CIVIL APPEAL NO. J4/21/2012 24^TH MAY, 2013

Land - Declaration of Title -  Perpetual injunction - Whether the defendant has only a farming licence to the land in dispute - Whether Judgment is against the weight of evidence led at the trial. - IDDRISU TIFUURO TATALI VRS ALHAJI SAAKA YAKUBU   CIVIL APPEAL NO. J4/32/20149TH MAY, 2018 

Land - Declaration of title - Administration of Lands Act, 1962 (Act 123). - Whether Executive Instrument No. 108 of 1964, was vested land, in the President of the Republic of Ghana - Whether the said lands vested were to be held in trust for subjects of the Osu Stool and for use in the public interest .- MRS. MARGARET MARY ADJEI VRS THE ATTORNEY GENERAL   THE EXECUTIVE SECRETARY LANDS COMMISSION   PROF. KOJO SENANU        CIVIL APPEAL  NO. J4/49/2014  19^TH DECEMBER, 2017

Land - Declaration of title - Boundaries - Rebuttable presumptions - Whether or not land has been acquired by Government. - whether or not any compensation was paid for the acquisition of the land in dispute. - Whether or not plaintiff is entitled to the claim - Whether or not Certificate No. 404/1944 did not reflect the true positions of the boundaries on the land. NII KOFI LA FAMILY  VRS THE  ATTORNEY  GENERAL CIVIL APPEAL No. J4/37/ 2014  28^TH   MAY  2015

Land - Declaration of title - Common boundary - Recovery of possession - Damages for trespass - Perpetual Injunction – Whether or not the judgment is against the weight of evidence - Whether or not the Court of Appeal failed to follow the established principle of law and fell into error - Whether or not Court of Appeal did  base its judgment on the statutory declaration - NII TACKIE AMOAH VI. VRS NII ARMAH OKINE & ORS NUMO KANKAM NII NOI MORTON JONAH YAW AYITEY LANDS COMMISSION CIVIL APPEAL SUIT NO. J4/59/2013 15^TH JANUARY 2014

Land - Declaration of title – Counterclaim - Setting aside judgment – Extension of time - Out of time - Whether the said appeal process a nullity because it was filed over twenty-two months after the date of the decision appealed against – Whether or not failure to attach a copy of the order granting  extension time as required renders the appeal incompetent - Whether or not  the default judgment was void and being void is not limited by time - Whether or not  the Appellant was not given notice to attend court for the trial of the Respondent’s counterclaim - Whether or not  the evidence of title given by the Respondent was based on a document that has been cancelled by the Land Title Registry - Rule 9(6) - Court of Appeal Rules, 1997 (C.I.19) - ATAA ASHIE NIKOI SUBSTITUTED BY  CHRISTIAN NORTEY QUAYE VRS CHARLES QUIST  CIVIL APPEAL No J4/18/2011.  24^TH MAY, 2013

Land - Declaration of title - Injunction to restrain - Vacant possession  - Specific performance - Whether or not Court Appeal erred in holding that the High Court was right in the conclusion - Whether or not learned Judge erred by not adequately considering the defendants case by stating that appellant had not pleaded a Fact of Arbitration learned Judge erred by not adequately considering the defendants case by stating that appellant had not pleaded a Fact of Arbitration - IN THE MATTER OF J.  K.  KPOGO  (SUBSTITUTED BY NOBLE  KPOGO) VRS. F.    K.   FIADZORGBE  CIVIL APPEAL  No.J4/9/2012   6^TH MAY 2015

Land - Declaration of title - Lands (Statutory Wayleaves) - Certiorari  - Whether or not the High Court, have jurisdiction to declare statutes and subsidiary legislations revoked by any other means other than those set out by law - Whether the Lands Commission has no power to grant leases over the unutilised portions of the lands covered by the Instruments - THE REPUBLIC   VRS THE HIGH COURT, (LAND DIVISION)  ACCRA EX-PARTE: THE LANDS COMMISSION, NUNGUA STOOL, SHERIF BORTEI,    TEMA MUNICIPAL ASSEMBLY, SAMJOEBA ENTERPRISE, KIMAG LIMITED , WESTERN WORLD TRADING, NETWORK AND FOUNDATION ESTATES GRANDEUR DEVELOPERS LTD  CIVIL  MOTION   NO.J5/15/2015    30^TH  JULY 2015

Land - Declaration of title - Ownership - Recovery of possession - Whether or not judgment is against the weight of evidence. - Whether or not there was no dispute concerning the boundaries - ABED NORTEY SUING FOR HIMSELF AND ON BEHALF OF OSUWEM     FAMILY OF PRAMPRAMVRSAFRICAN INSTITUTE OF JOURNALISM & COMMUNICATION STEPHEN NARTEY  DANIEL NARTEY   CIVIL APPEAL NO. J4/47/2013  26^TH FEBRUARY, 2014

Land - Declaration of title - Ownership -  Recovery of possession - Damages for trespass - Perpetual injunction - Laches and acquiescence - Whether or not Land Title Certificate was obtained by fraud and mistake - Whether or not . Whether or not the Plaintiffs’ action is statute barred - Whether the Defendants were in adverse possession for a period of over 12 years - ARMAR NMAI BOI , LARYEA NMAI BOI, ELEY NMAI BOI VRS ADJETEY ADJEI, AMAR AMARTEY, AYORKOR KOMEY, ASHITEY, PATTERSON, MADAM  KORKOI, ATAA KWASHIE, MADAM KAI ADJETEY, NAKO OCANSE,AUNTIE KORKOI , ATEI  NYE, HAWA, MR. NORTEY KING CIVIL APPEAL   No. J4/8/2013   19^TH MARCH, 2014

Land - Declaration of title - Recovery of possession - Perpetual injunction and Damages for trespass -  Whether non payment for the full cost of the land to enable a written conveyance to be made by the vendor renders declaration of title. Void - Whether there is want of description of the land the plaintiff is seeking title - Whether one can seek title to land without description . - MURIEL ABREFI ODURO  VRS ISAAC KWAME ACHEAMPONG  CIVIL APPEAL  NO. J4/ 32/ 2015 6^TH DECEMBER, 2017 .

 Land - Declaration of title - Recovery of possession - whether or not the land of the defendant as per his grantor’s document fell into the land acquired by the state - ADDAE AIKINS VRS DANIEL DAKWA CIVIL APPEAL NO.J4/24/201 28^TH MAY 2014

Land - Declaration of title - Recovery of possession - Whether by the Limitation Decree  - Plaintiff’s adverse possession of the land for more than 30 years extinguishes the title of the State - Whether the coming into force of the 1969 Constitution, the 1968 Instrument - Whether the disputed land is still being held in trust. vesting the land in the state had ceased to have any legal effect. - Whether or not Appellant’s family originally owned that land - Whether the disputed land is still being held in trust.- Whether article 267(1) does  automatically de-vest the President of lands  vested in him before the coming into force of the 1992 Constitution - NENE DOKUTSO TEI KWABLA (HEAD OF TEI KWABLA FAMILY SUING FOR HIMSELF AND ON BEHALF OF TEI KWABLA FAMILY)  VRS  LANDS COMMISSION VOLTA (GH.) INVESTMENT CO. LTD. CIVIL APPEALNO: J4/21/201626^TH JULY, 2017

Land – Declaration of title - Rent – Non payment – Ejectment - Breach of agreement - Recovery of possession – Trespasses - Capacity – Void Power of Attorney - Interest on the rent and mesne profit due – Counterclaim - Whether or not the decision is against the weight of evidence - the power of Attorney tendered was void for not conforming to the Power of Attorney Act 1998, (Act 548) - Whether or not the court failed to consider the fact that the writ was filed by and fought by attorney - Scrutinize evidence - Rule 1 of Order - High Court Civil Procedure Rules 2004, CI 47 - ALHAJI  MOHAMMED  MORU PER HIS LAWFUL ATTORNEY MOHAMMED MORU  VRS MOHAMMED HUSEINI CIVIL APPEAL   No. J4 /17 / 2012 27^TH   FEBRUARY,2013       

Land - Declaration of title - Damages for trespass - Section 26 of the Evidence Act NRCD 323 of 1975 - Whether alleged grant to the predecessor of the appellant was void for want of title. - Whrther counsel can introduce a plea to support appeal which wasnever raised at the two lower courts - MRS VINCENTIA MENSAH, SUING PER HER ATTORNEYS ,BONIFACE LUMOR  JOHN ALLEN,(SUBSTITUTED BY BEATRICE TSOTSO ADJETEY)  VRS NUMO ADJEI KWANKO II  CIVIL APPEAL  NO. J4/17/2016   14^TH JUNE, 2017

Land - Declaration of title - Damages for trespassing - Perpetual injunction whether a judgment can grant any executable reliefs or order of stay of execution in respect of it. - EBUSUAPANYIN EKUMA MENSAH VRS NANA ATTA KOMFO II  CIVIL MOTION  NO. J8/78/2017  31^ST MAY, 2017

Land - Declaration of title to the land - Wayleaves - Parcel of land - Leased for commercial use - Damages for trespass - Perpetual injunction - Judicial review - invoke the supervisory jurisdiction of the Supreme court  - Certiorari - Transitional Provisions -  Whether or not the The High Court lacked jurisdiction to grant the reliefs sought by the plaintiffs - Whether or not  granting the reliefs sought by Interested parties would amount to an encouragement of illegal conduct and therefore contrary to public policy since it is a statutory offence to encroach on or dispose of public lands without reasonable cause - Whether or not the trial judge commit a blatant and fundamental error of law, patent on the face of the record -  IN THE MATTER OF THE REPUBLIC VRS THE HIGH COURT (LAND DIVISION) ACCRA EX PARTE LANDS COMMISSION NUNGUA STOOL  SHERIFF BORTEI TEMA MUNICIAPAL ASSEMBLY SAJOEDA ENTERPRISE KIMAG LIMITED WESTERN WORLD TRADING NETWORK AID FOUNDATION ESTATES GRANDEUR DEVELOPERS LTD CIVIL MOTION No J5/ 4/ 2014 5^TH DECEMBER, 2013

Land - Declaration of title - Damages for trespass and injunction - Capacity - Whether appellant had capacity to institute the action - Whether the High Court, and the Court of Appeal erred in determining the other issues raised - ALFA MUSAH  VRS DR. FRANCIS ASANTE APPEAGYEI CIVIL  APPEALNO. J4/32/ 2017  2^ND MAY, 2018

Land - Development of plot - Lease - trespass - Perpetual injunction - Recovery of possession - Damages for trespass - Declaration of title - EBUSUAPANYIN KWEKU  ASSAFUAH, ANTHONY APPIAH, REV. JOHN ADJEI   VRS THE REGIONAL SECRETARY LAND COMMISSION SECRETARIAT SEKONDI REV.  ARHIN DAVIES CIVIL APPEAL  No. J4/17/2013  12^TH  MARCH 2014

Land - Lease - Declaration of title - Statutory Declaration Trespass -. - Recovery of possession - Whether or not trial judge properly admitted exhibit - Evidence on the basis - Whether or not the Court of Appeal did not appreciate that the burden of proof lies on the defendant - HYDRAFOAM ESTATE LTD VRS MR. KUMNIPA , MR.  AGYEMAN    CIVIL  APPEAL   NO.J4/35/2014   24^TH JUNE 2015    

 Land – Lease - Land Title Registry - Capacity - Rule 6 (2) - Errors and misdirection - Supreme Court Rules, CI 16 - Article 18 -1992 Constitution – Order 1 rule 1 (2).,Order 82 - High Court (Civil Procedure) Rules, 2004, CI 47 - Section 10 - Limitation Act, 1972(NRCD 54) - Whether or not Appellant’s land acquired from the Nungua Stool in the 1970’s and duly registered in 1992 was void and of no effect - Whether or not the judgment is against the weight of evidence - Whether or not appellant lacked the capacity to sue as a beneficiary - SUSAN BANDOH VRS DR. MRS. MAXWELL APEAGYEI-GYAMFI, ALEX GYIMAH CIVIL APPEAL NO. J4/16/2016 6^TH JUNE, 2019

 Land - Leasehold  - Agreement - Property - Acquiescence and laches - Wills - Whether or not  transactions relating to the disputed property by the 2^nd defendant and his predecessors to be wrongful and fraudulent. -  Whether or not the judgment cannot be supported by the plaintiffs’ claim with regard to the evidence - ALEC GRANT SAM, JEANNIE THERESA SAM,JULIANA SAM VRS UNILEVER GHANA LTD, NANA AFEDU IV (SUBST. BY  STEPHEN FOLLEY) KODWO X.Y. AHLIJAH CIVIL  APPEAL  NO. J4/48/2014   6^TH JUNE 2016

Land - Mineral right - Minerals and Mining Act, 1986 (PNDCL 153)  - Section 71(1) construction of - compensation payable - Whether the owner or occupier of the land were  subject compensation - NICHOLAS AFFENYI & 76 ORS  VRS ABOSSO GOLDFIELDS LIMITED   CIVIL APPEAL NO. J4/09/2017 8^TH MARCH, 2018

Land - Ownership  - Declaration of title  - Damages for trespass  - Land Title Certificate - Whether or not the said certificate was tainted by fraud - Identity of the disputed land - BENJAMIN QUARCOOPOME  SACKEY   VRS  ISSAKA  A. MUSAH CIVIL APPEAL NO. J4/25/201421^ST  OCTOBER  2015

Land - Ownership - Declaration of title - Adverse possession - Perpetual injunction -  Limitation Act, 1972 (NRCD) 54. - Whether or not  action against the Defendants in the trial High Court was statute barred.- “Whether or not AFRCD 31, 1979 and PNDCL 30 1982 confiscated plot No. 2 North Industrial Area, Accra to the state.- Whether or not the 2^nd Defendant divested Plot No. 2 Ring Road North Industrial Area to Gold Coast Motors Limited in 1991 - JEAN HANNA ASSI VRS ATTORNEY GENERAL, THE EXECUTIVE SECRETARY DIVESTITURE IMPLEMENTATION COMMITTEE THE EXECUTIVE SECRETARY CONFISCATED ASSETS COMMITTEE THE EXECUTIVE SECRETARY LANDS COMMISSION POLY PRODUCTS LIMITED CIVIL APPEAL  NO. J4/17/2016 9^TH NOVEMBER 2016

 Land – Ownership - Declaration of title - Capacity – Res judicata - Whether or not the judgment is against the weight of the evidence –Whether or not the plaintiffs are bona fide grantees of the land by virtue of Land Certificates Nos. GA 9043 and GA 13523 - Whether or not the land in dispute forms part of Kle Musum Quarter land at Teshie - Whether or not 3^rd defendant’s title has priority over plaintiffs and their grantor - Whether or not the plaintiffs’ registration is fraudulent. - MRS AGNES AHADZI, PIONEER MALL LTD VRS BOYE SOWAH (SUBST. BY SAMUEL NORTEY), NII NORTEY ADJEIFIO NUUMO ADJEI KWANKO II CIVIL APPEAL NO. J4/33/2018 21^ST MARCH, 2019

Land - Ownership - Declaration of title - Fraud - Trespass - Land Title Certificate issued to the plaintiff on grounds of error or mistake- Whether or not the Land Title Certificate issued to the plaintiff  was done on grounds of error or mistake.- Whether or not the Lands Commission colluded with any person to register the title deeds of the third defendant - Whether or not the judgment of the Court of Appeal was not supported by the evidence - BENYAK COMPANY  LTD    VRS. PAYTELL  LTD   KOFI AGYEMANG  T. T.  MENSAH(SUBSTITUTED BY MOSES TAWIAH ARYEE) LANDS COMMISSION CIVIL APPEAL  NO.J4/19/2010   5^TH FEBRUARY 2014

Land - Ownership - Declaration of title - Recovery of Possession -  Whether or not plaintiffs adduced sufficient evidence at the trial for a finding to be made in their favour - PROF. STEPHEN ADEI MRS. GEORGINA ADEI VRS, GRACE ROBERTSON SEMPE STOOL    CIVIL APPEAL.  NO.J4/2/2015.10^TH  MARCH 2016

Land - Ownership - Declaration of title - Recovery of possession - General damages - Perpetual injunction - Estoppel by acquiescence – Doctrine of judicial notice - Res judicata -  Section 9(4) - Evidence Act, 1975 (NRCD 323) -  Section 55 - Courts Act, 1993, Act, 459) - Article 129(4) - 1992 Constitution - Order 4 Rule 5(2) - High Court (Civil Procedure) Rules, 2004 (C.I.47)  - ROWLAND KOFI DWAMENA VRS RICHARD NARTEY OTOO THE REGIONAL LANDS OFFICER CIVIL APPEAL NO. J4/47/2018 12^TH JUNE, 2019

Land – Ownership – Declaration of title – Recovery of possession - adverse possession - Public lane or thoroughfare - Cause of action in public nuisance - Inherent jurisdiction of the High Court - Or 11 R 18 of the High Court (Civil Procedure) Rules, 2004 (C.I.47) - Section 12 - 14 and 17 - Burden of persuasion -  Evidence Act, 1975 (NRCD 323). Whether or not the judgment of the Court of Appeal is against the weight of the evidence - whether or not the view taken of the evidence by the Court of Appeal is correct – Whether or not the disputed  land lies at  Okaishie or it lies at Cowlane - AMIDU ALHASSAN AMIDU & ANOR. VRS MUTIU ALAWIYE & 6 ORS. CIVIL APPEAL NO. J4/54/2018 24^TH JULY, 2019

Land - Ownership - Evidence - Capacity - Whether defendants were actually in physical possession of the land before the plaintiff - Whether  trial judge erred in placing great reliance a conveyance of the disputed property - Whether conviction of a party for obstruction did not involve a determination of who has a better right to the disputed property - Whether insignificant inconsistencies in a presentation of a truthful case would operate to deprive it of the quality of proof - Whether defendants have capacity to mounted a counterclaim in the action - ADISA BOYA  VRS (SUBSTITUTED BY ADAMA MOHAMMED) (SUBSTITUTED BY   ZENABU MOHAMMED ADAMA MOHAMMED) MUJEEB CIVIL APPEAL NO. J4/44/201714^TH FEBRUARY, 2018 

Land - Ownership - Freeholders Reversionary Interest - Compensation - Whether or not the Awure Family is the only party entitled to claim compensation -  Whether or not that Defendant in his capacity as the Tindana of Tindonsobligo is the allodial owner of all Tindonsobligo lands - Who is the proper person entitle to compasation uder E.I. 10 of 2004 -   FRANK OTAH ENYEREM VRS LOGISTICS INC. LIMITED MR. DOMPREH P. S. C. TEMA SHIPYARD LTD MAXWELL  FORSON SETH KUBLENU THE REGISTRAR, HIGH COURT, TEMA  REFERENCE  NO. 16/1/2015  5^TH  DECEMBER 2016

Land – Ownership - Lease  - Recovery of possession - Execution - Stay of execution - Compulsorily acquision – Article 20(5)(6)  - 1992 Constitution - Whether or not the the appeal raises serious questions of law - Whether or not  the appeal stands a reasonable chance of success - DUMEGAH AHADJI DODO , HLORTATOR KPEGLA,TOGBE AHIL II TOGBE KPORTI AMENGOR VRS. BRITISH TOBACCO CO. LTD, DR. ABLORSOLOMON HODANU  CIVIL MOTION  No. J8/61/2014 19^TH  JUNE, 2014

Land - Ownership - Trespass -  Declaration of title  - Injunction  - Perpetual injunction - Setting aside - Purchaser for value.  -  Default judgment - Estoppels or res judicata - Whether or not the respondents took possession and carried out developments on the land in dispute in bad faith - Whether or not the Court of Appeal was in error for granting possession to the respondents - NANA YAW  OWUSU, PAUL NYANTAKYI, MADAM   ELLEN MENSAH VRS HYDRAFORM ESTATES  LTD  CIVIL APPEAL No. J4/62/2013 26TH MARCH, 2014

Land - Ownership - Trespass - Counterclaim - Whether performance of various overt acts of ownership and possession without let or hindrance from anybody makes land ancestral land - IN THE CONSOLIDATED SUITS OF NENE NARH MATTI, NENE SIPIM NARH TEKPERTEY II, NENE BERNARD AKUFFO TETTEY    VRS OSEI GODWIN TEYE  AND  SAMUEL LAMM OYORTEY, ISHMAEL NARTEY WOODMAN  TEYE KOFI TETTEH,  VRS OSEI GODWIN TEYE,  CIVIL APPEALNO. J4/ 13/ 2017  22^ND  NOVEMBER, 2017 

Land – Ownership - Valid grants - Res judicata - Standing By - Estoppel by Conduct - Laches and acquiescence - Privity of interest  - capacity - section 24 and 25  - Land Registry Act (Act 122) and (ii) Land Title Registration Law 1986 (PNDCL) 152 – Whether or not the plaintiff-family was estopped from relitigating its claim of title to the land in dispute in the present action -   NII STEPHEN MALEY NAI (SUING AS HEAD OF NUMO KWASHIE MENSAH DADE NSUROJA FAMILY) VRS EAST DADEKOTOPON DEVELOPMENT TRUST     CIVIL APPEAL  NO. J4/61/2018 , 8^TH MAY, 2019

Land - Ownership - Vesting Assent - Lease Agreement -Whether the Vesting Assent in the records of the Lands Commission registered as No. Ar. 3036/2005 is wrongful, null and void and of no legal effect whatsoever - Whether or not plaintiff’s ancestral family settled on the disputed land well over 300 years ago - Whether or not 1^st Defendant’s family that is the Arden & Darpoh family acquired the disputed land by settlement many years ago - Whether or not the Jackson Report as published in the Gazette in 1956 affected plaintiff’s family’s occupation of the disputed land - KWEINOR TEI KWABLA FORZE.  VRS NENE KWAKU DARPOH, THE LANDS COMMISSION NUMO AWULEY KWAO  CIVIL  APPEAL   NO.J4/38/2015   17^TH  FEBRUARY 2016   

Land - Ownership Declaration of title – Property - Recovery of possession - Perpetual injunction - Granted of license - Farm land – boundaries - Capacity – Whether or not the Defendants were on the land as licensees or through inheritance by the gift of land to their grandmother - Whether or not Court of Appeal woefully failed to adequately consider the totality of the evidence of the Plaintiff thereby occasioning substantial mis – carriage of justice - Whether or not evidence was contrary or inconsistent with the custom of the Ewe People as established or proven on the evidence before the court - Whether or not  the inconsistency in the description of the boundaries of the land is fatal to the claim of the Plaintiff - Whether or not   long possession was consistent with a gift - TORGBUI DZOKUI II OF ZUTA SUING AS JOINT HEAD OF THE AWASIAPEDO CLANOF AVENOR, FOR HIMSELF AND ON BEHALF OF THE MEMBER OF THE CLAN VRS ATISE ADZAMLI(DECD) (SUBST. BY KWABLA ADZAMLI) KWABLA ADZAMLI DOE ADZAMLI (DECD)(SUBST. BY KWABLA ADZAMLI) AYISHUEDE ADZAMLI KWAME ADZAMLI ATSU AZAMETI(DECD) (SUBST. BY KWABLA ADZAMLI) KOFI DAWORLO NEGBLE TOGBUI KWAO ADZOVOR CIVIL  APPEAL NO.J4/36/2015.9^THDECEMBER,2015

 

Land - Ownership of the land - Recovery of possession ­­- Order to demolish - Whether or not the Plaintiff was an innocent purchaser for value without notice- Whether or not the judgment is against the weight of the evidence - OLIVIA ANIM (SUING PER HER LAWFUL ATTORNEY DIANA MENSAH BONSU) VRS WILLIAM DZANDZI CIVIL APPEAL NO. J4/10/20186^TH JUNE, 2019

Land - Ownership  - Statutory Declaration - Laches and acquiescence  - Whether Statutory Declaration declared and registered at the Lands Registry was wrongful, unlawful, illegal and on grounds of fraud - Whether  or not the said land was purchase by defendants ancestress - Whether or not the respondents were their licensees. - TOGBE LUGU AWADALI IV     VRS TOGBE GBADAWU IV  CIVIL APPEAL NO. J4/ 50/ 2016 24^THJANUARY, 2018

Land - Ownership - Lease - Laches and acquiescence  -THOMAS FOSU-TWUM, DR. T. A. OSAE VRS  THEOPHILUS NORTEY  CIVIL APPEALNO. J4/23/2016   21^ST  MARCH, 2018

Land - Property  - Tenants - Agreement for sale - Specific performance - Recovery of possession  - Perpetual injunction - First option of purchase  - Section 29(1)(a) -  Rent Act, 1963 ( Act 220) - Section 22 - Conveyancing Act, 1973 (NRCD 175) -  MRS. VERONICA SARHENE, MRS. MARY ATTA SIAW VRS EDWARD NASSAR & CO. LTD. & ORS PAUL OTCHERE & 14 ORS CIVIL APPEAL NO. J4/18/2019 24^TH JULY, 2019

Land - Property –Declaration of title - Recovery of possession - Confiscation of Assets – Perpetual injunction - Transitional Provisions of the 1992 Constitution - Sections 3 and 4 of PNDCL 325 - Deed of Transfer – Whether or not PNDCL 325 had been repealed as at 2009 when the President purported to apply it to release the property to the defendant - THE  REGISTERED   TRUSTEES  OF AFRIKANIA MISSION VRS MAJOR QUARSHIE (RTD) (SUBST.  BY MRS. MARY  QUARSHIE CIVIL APPEAL NO. J4/36/2014  2^ND DECEMBER,2015

 Land - Recovery of possession - Damages for trespass – Stay of Execution - Judicial discretion. -  Whether or not the Court of Appeal erred in granting the application for Stay of Execution – Whether or not the granting the application amount to a wrongful exercise of judicial discretion - ZOOMLION GHANA LTD  VRS MERSKWORLD COMPANY LTD CIVIL APPEAL  NO. J4/33/2014  30^TH  JULY 2014

Land - Recovery of possession - Perpetual injunction - Capacity - Whether Court can compelle the defendant to issue allocation papers in respect of the plots -Whether  the Odikro and the Abusuapanin. had capacity to grant the stool's land. - RICHARD APPIAH-NKYI  VRS NANA ACHINA NUAMAH V  (ASSUOWINHENE)  (FOR AND ON BEHALF OF ASSUOWIN STOOL  CIVIL APPEAL  NO. J4/42/2017  31^ST JANUARY, 2018

 Land - Recovery of possession – Registration of Lease - Value to place on the land – Whether or not summons  should be used to upset a court’s decision - whether or not the respondent had developed the entire land - Whether or not the trial judge acted in excess of his jurisdiction - Laches and acquiescence - WILLIAM ASHITEY ARMAH  VRS HYDRAFOAM ESTATES (GH) LTD CIVIL APPEAL  No J4/33/2013 28^TH MAY, 2014

Land - Registration of - Mandamus - Judicial Review - Contempt of court - Land Registry Act, 1962 (Act 122) - Out of Court Settlement. -  Terms of Settlement. - Whether a new Legislative Instrument, LI 232, which required local publication of applications before registration applicable to defendants’ application - Whether or not Regional Lands Officer for contempt of court for not fully complying with the order of mandamus - Whether or not the order the Cape Coast High Court was obtained by fraud - Whether or not a person aggrieved by a failure on the part of the High Court to serve him notice of proceedings in which he is interested, go before another High Court of co-ordinate jurisdiction to seek to nullify what has been done by the earlier High Court  - JOHN KWADWO BOBIE  VRS 21^ST CENTURY CONSTRUCTION  CO. LTD a.k.a 21^ST CENTURY REAL ESTATE LTD   OBAA AHEMA ENTERPRISES LTD   ADOM SPINNING  CO. LTD GELINA PACKAGING CO. LTD GELINA TROPICAL CO. LTD  KOFI ASMAH KOFI ASMAH   HE REGIONAL LANDS OFFICER  LANDS COMMISSION, CENTRAL REGION, CAPE COAST 21^ST  CENTURY CONSTRUCTION  LTD   CIVIL APPEAL NO: J4/5/2014    9^TH  MARCH  2016

Land - Stay of execution - Judgment – Fraud – Whether or not the judgment of the High Court confirmed by the Supreme Court was obtained by a fraudulent document – Whether or not the action was an abuse of the court’s processes and estoppel – Whether or not the orders made by the Court of appeal are executable -  Order 20 -  Supreme Court Rules CI16 - RICHARD ADOM FRIMPONG VRS MAJOR McDORBIE CIVIL MOTION NO.  J8/79/2014   12^TH NOVEMBER 2014

Land – Title – Ownership – Trespass - Limitation Act, 1972 (NRCD54 – Section 10 (6) -  Whether any title had was extinguished after 12 years. – Whether the defendant was an innocent purchaser as at the time he entered the land - MURIEL VAUGHAN-WILLIAMS  VRS. B. K. OPPONG CIVIL APPEAL NO. J4/11/2014  28TH MAY 2014

Land -  Declaration of title - Perpetual injunction - capacity - Ownership and possession of -Whether or not adequately did the Court of Appeal consider the defendants’ case - whether the parties are suing or being sued in a representative capacity on behalf of an identifiable group or class - F.K.A. COMPANY LIMITED,   NII TEIKO OKINE SUBSTITUTED BY NII TACKIE AMOAH VI    VRS. NII AYIKAI AKRAMAH II   SUBSTITUTED BY NII DODOO LOMOTEY, KWAKUFIO, TOGBUI OKRU  EBENEZER CIVIL APPEAL     No. J4/1/2016  13^TH APRIL 2016   OKRU

Land -  Declaration of title - Recovery of possession  - Whether or not it is it is the Head of Family who has capacity to sue and be sued in matters concerning family property - Whether or not the family could in their own right sue to protect the family property - Whether or not the land was granted to the defendant’s family by the Kpobi We Family - Whether or not it was a customary grant or an agricultural tenancy as both parties contended alternatively.- Whether or not defendant has capacity to counter-claim for title - SAMUEL OBLIE, CHRISTOPHER  OBLIE, MENSAH  OBLIE, VRS TETTEH LANCASTER CIVILAPPEAL NO: J4/29/201515^TH  MARCH  2016 

 Land  - Ownership - Declaration title - Recovery and Procession - Acquiescence and laches -  Whether defendants’ land certificate and leases obtained are valid - Whether plaintiff is the custodian of the said land - Whether the plaintiff is entitled to bring the action in the capacity - Whether or not plaintiff is stopped by acquiescence and laches - Whether a  purchaser is bound to investigate the validity of land granted  to him  - NUMO ADJEI KWANKO II   VRS. LEBANON SOCIETY, LANDS COMMISSSION    LAND TITLE REGISTRY   CIVIL APPEAL NO. J4/8/2015  29^TH NOVEMBER 2016

Land -  Ownership - Recover possession of  - Say of execution pending  appeal -  Interlocutory appeal - Contempt of court – Whether or not the defendant was in contempt  of court disrespect for the orders of the court given per the judgment of the trial court – Whether or not the court is seized with jurisdiction to deal with the present application - THE REPUBLIC VRS. NII ACHIA II EX PARTE: JOSHUA NMAI ADDO, EMMANUEL KWATEI QUARTEY-PAPAFIO CIVIL MOTION NO.J8/96/2014  30^TH OCTOBER 2014

Land  - Ownership  -  Traditional evidence -  Whether or not the portion of the land which had allegedly been trespassed by defendant family is the subject matter of dispute. - Whether or not the portion of the plaintiff land is identifiable.- Whether or not the Court of Appeal’s interference with the findings of fact by the trial judge is unjustified in law.- MRS VIVIAN AKU-BROWN VRS SAMUEL LANQUAYE ODARTEY CIVIL APPEAL NO.J4/4/2016  29^TH JUNE 2016 

Land – Ownership - Estoppel – Capacity – Misjoinder. - Article 17 - 1992 Constitution -  Wheher or not there was error or blunder resulting in miscarriage of justice – Whether or not the five plaintiffs   joinder to the action was a mere instance of misjoinder - NII MATE TESA) (SUBSTITUTED BY DANIEL MARKWEI MARMAH) NII MATEI TESA  (SUBSTITUTED BY MARMAH MARTEI) NII TAWIAH KWE (SUBSTITUTED BY CHRISTOPHER ANERTEY KWEI) ERIC  A.  KWEI (DR.)CROSS, ATAA KWAKU MENSAH (SUBSTITUTED BY NII OBAAYO FREDRICK  SHAMO KWEI (SUBSTITUTED BY SAMUEL  AYIKU)  VRS NUMO NORTEY ADJEI FIO  (SUBSTITUTED BY NII ADJEI SANKUMA) EMPIRE BUILDERS  LIMITED ODAI AYIKU  IV. (SUBSTITUTED BY AFORTEY ODAI  IV.) NII AKPOR ADJEI  II( SHIKITELE, TESHIE) NUMO  ADJEI KWANKO  II (AYIKU & OSABU WULOMO OF TESHIE)  ALFRED  ANANG MOUFID  EL-DAS  CIVIL APPEAL  NO. J4/44/ 2013 15^TH  MAY 2014

Land - Ownership - Trespass - Claim from the same grantor. - Whether either party has encroached on the other party’s land - surveyor  called upon  as an expect failing to assist the court arrive at a decision - MADAM COMFORT OFORI  VRS KWAME APPENTENG  CIVIL APPEAL NO. J4/ 17/ 2017   6^TH DECEMBER, 2017

Land  - Alienation – Lease - Family lands – Fraud - Title to land - Order 11 rule 18 - High Court Civil Procedure Rules, CI 47 of 2004 - section 18 - Coveyancing Act NRCD 172 - NENE FIESU GBLIE GBENARTEY, MADAM DEDE GLIE VRS NETAS PROPERTIES & INVESTMENT EMMANUEL ADOLF TAGO LANDS COMMISSION CIVIL APPEAL NO. J4/14/2014 13TH NOVEMBER, 2014 

Land -  Property - Terms of settlement - Whether parties submitted themselves to  an amicable out of court arbitration and arrived at a settlement - Whether or not the registrar of the High can issued a hearing notice to the parties to attend court for a hearing when there was no pending proceedings in the court when no motion had been filed and do not find a letter applying for the  hearing notice to issue. - whether appellant  was indeed the head of the Gyandodey Anona family - NAI OTUO TETTEH (SUING AS HEAD AND LAWFUL REPRESENT OF ANONA CHOCHOE BOTWEY FAMILY OF AWUTU) AND OPANYIN KWADWO ABABIO (DECEASED) DEFENDANT/ RESPONDENT/ (SUBSTITUTED BY NAACHE AWO CHOCHO BOTWEY IV BY AN ORDER OF COURT DATED 25/03/15) AND NAI KOJO ADU II (HEAD AND LAWFUL REPRESENTATIVE OF THE GYANDODEY ANONA FAMILY OF AWUTU) CIVIL J4/30/2017 14^TH FEBRUARY, 2018 

Land - Ownership - Declaration of title -  Stool Lands Boundaries Settlement Decree, 1972 (NRCD 172) - Whether court can stay proceedings in land suit and refer the matter  the Stool Boundary Commission - NANA AMPAA-ANDOH VIII (SUBSTITUTED BY ALBERT KOBINA KOOMSON) VRS PARAMOUNT STOOL OF BREMAN ESSIAM (SUBSTITUTED BY NANA EFUWA ESIWA II) KOBINA MENSAH (SUBSTITUTED BY NANA ATTA KWAW IV)  NANA OGUAMON ATWERE II (SUBSTITUTED BY EBUSUAPANYIN KWAME DOM) (SUBSTITUTED BY NICHOLAS SAM) AND ENYAN DENYIRA SOOL ) BREMAN ESSIAM STOOL ) EJUMAKO STOOL CIVIL  APPEAL NO. J4/47/2017 13^TH JUNE, 2018

Land. - Leasehold agreement.  - Non-payment of rent - Recovery of possession of or ejectment -  Whether or not defendant had by his action denied the landlords title and had made his lease liable for forfeiture - Whether the defendant and his late brother have committed a breach of their fundamental obligation as tenants - Whether or not decision given High Court was  without jurisdiction.- CHARLES LAWRENCE QUIST  (SUBSTITUTED BY DIANA QUIST) VRS AHMED DANAWI CIVIL APPEAL  NO. J4/63/2013  29^TH JULY 2015

Lands - Recovery of possession - Default of appearance - Perpetual Injunction - Late entry of Appearance - Whether or not was obtained by fraud and/or misrepresentation - Whether or not the judgment of the trial court appealed against, was either supported or not, by the facts or evidence on record and the applicable law – Whether or not the learned trial judge misdirected himself on the law when he re-opened a matter earlier decided between the same parties by a court of competent jurisdiction - Order 13 rr. 8 and 12 of L.N. 140A - High Court (Civil Procedure) Rules, 1954 L.N. 140A -  NANA ASUMADU II (DECEASED) (SUBSTITUTED BY NANA DARKU AMPEM (DECEASED) (SUBSTITUTED BY EBUSUAPAYIN AMGO MENSAH) NANA DANYI QUARM IV (DECEASED) (SUBSTITUTED BY SAMUEL EKOBO ACQUAYE) VRS AGYA AMEYAW CIVIL APPEAL NO. J4/01/2018 15^TH MAY, 2019

Lands -  Ownership - Recovery of possession - Trespass - Damages - res judicata   - Can a respondent claim to be the custodian of Stool lands, wthout describing nor give the boundaries - Can a licensees of land be sue for trespass when license has not been revoked or cancelled, - NANA BRAFO DADAZIE II VRS. JOHN KING ARTHUR, ABEIKU ARTHUR GEORGE ARTHUR, ATTA OCRAN, MAD.ADWOA ACKON, KWESI ESSOUN, PAPA YAW, MR. JOSEPH AIDOO, SAMUEL KRAH ALIAS KWEKU ANNAN, ALBERT KOJO DADZIE-FYNN, EGYA KWANDADOR JNR, OPANYIN KWEI, ATOAMU KWAW EGYA ACKON (DRIVER)   CIVIL APPEALNO:J4/20/2016 26^TH JANUARY, 2017

Law firm - Termination of services - Legal fees – Scale of Fees - Oral fee agreement - Capacity - Solicitor’s Licence - Whether or not the judgment is against the weight of evidence - whether or not the respondent’s board of directors held a meeting with the plaintiff -Whether or not the respondent’s board of directors held a meeting – Whether or not non-compliance with section 201 of Act 179 renders the minutes null and void. Section 8(1) - Legal Profession Act 1960 Act 32 - Section 12(2) - Section 14 - Evidence Act 1975 NRCD 323 - Rule 5(2) - Legal Profession (Professional Conduct and Etiquette) Rules, 1969 (LI 613) - TAMAKLOE & PARTNERS UNLTD VRS GIHOC DISTILLERIES CO. LIMITED CIVIL APPEAL NO. J4/70/2018 3^RD JULY, 2019

Legal - Legal Profession Act, 1960 (Act 32).sections 2 and 8(1)  - General Legal Council -  Solicitor’s license -  Whether or not  to continue practicing as a lawyer you must have an annual valid Solicitor’s license issued in the prescribed form specified therein in Section 8 (1) of Act 32. - whether the failure of a Solicitor to take out a Solicitor’s license pursuant to section 8 (1) of Act 32 renders invalid, all the processes initiated by the said Solicitor in commencing any legal process in court or otherwise such as preparation of any legal document or originating process -Whether it is harsh to visit the consequences of the Solicitor’s failure to take out a practicing license on the client - Whether or not   the Court of Appeal exceeded its jurisdiction by departing from and refusing to be bound by the decision of the Supreme Court - HENRY NUERTEY KORBOE  VRS FRANCIS AMOSA CIVIL APPEAL. No. J4/ 56/ 201421^ST  APRIL 2016

Legal Practioner - Formal contract – Misjoinder -  Payment of legal fees - Order 4 Rule 5  - High Court (Civil Procedure) Rules, 2004 (C.I. 47) – Whether or not the High Court judge erred in ruling that the presence of the respondent was relevant for the final determination of the matter in dispute - ATUGUBA & ASSOCIATES VRS SCIPION CAPITAL (UK) LTD, HOLMAN FENWICK WILLIAN LLP, CIVIL APPEAL NO. J4/04/2019 3^RD APRIL, 2019

Legal Practitioner - Legal fees - Legal Profession Act 1960, (Act 32) -  Service of the expired writ -  Order 70 of the Civil Procedure Rules (LN 140A)  - failing to enter appearance - Grant of  default judgment - Setting aside the default judgment.- AMARKAI AMARTEIFIO VRS ANANG SOWAH CIVIL APPEALNO. J4/57/2014 25^TH OCTOBER, 2017

Legal practitioner - Legal fees - Writ of Fifa - Stay of execution - Non complance -   Section 30 of the Legal Profession Act of 1960, Act 32 – Whether or not the Plaintiff’s action was an abuse of the court  process – Whether an erroneous judgment creates an estoppel between the parties to it – Whether or not when reversed, it cannot be treated as though it never existed - Whether or not the auctioning and sale of Appellant’s vehicle was null and void” is inconsistent with the law – Whether or not person “acting under authority of the Court” or “in reliance on” or “on the faith” of a judgment which is subsequently reversed is protected - ENOCK AWASABI GBERTEY VRS E.A. ACCAM ESQUIRE & ANOR. CIVIL APPEAL No J4/4/2011 10^TH APRIL, 2013

Legal Practitioner Legal Profession (Professional Conduct and Etiquette) Rules, 1969 [L.I.613]  - Legal Profession Act [Act 32] - Legal Profession (Professional Conduct and Etiquette) Rules, 1969 [L.I.613] Rules 2(1) and 9(9) - IN THE CONSOLIDATED SUITS OF FRANCIS XAVIER SOSU   VRS THE GENERAL LEGAL COUNCIL AND FRANCIS XAVIER SOSU VRS THE GENERAL LEGAL COUNCIL  CIVIL MOTION NOS. J8/42/2018    & J8/43/2018 14^TH FEBRUARY, 2018

Libel – Defamation -  Damage to reputation - Malicious and reckless publication – Retraction of the offending publication with an apology - Order 57 rule 2, , Order 81  - High Court (Civil Procedure) Rules, 2004, C.I. 47- Whether plaintiff is required to give the particulars of the libelous publication complained of in the indorsement to the writ   – Whether or not the defendant was to raise any objection in the proceedings.- Whether or not plaintiff has been involved in any wrong doing whilst in the employment of the defendant - Whether or not at any material time, plaintiff described himself as BENOD.- Whether or not plaintiff has acquired any worldwide reputation - ERIC KWAME AMOAH VRS. BEN OWUSU DOMENA CIVIL APPEAL  NO. J4/ 13/ 2014  30^TH JULY, 2014

Local Government Act, 1993 (Act 462) -  section 127 of Act 462  as repealed by section 235 (1) of the Local Government Act, 2016 (Act 936) - Interpretation - KWABENA OBENG (FOR HIMSELF AND ON BEHALF OF KEJETIA  TRADERS ASSOCIATION OF WHICH HE IS  THE CHAIRMAN COMPRISING 402 MEMBERS, ERIC AKWASI PREMPEH  (FOR HIMSELF AND ON BEHALF OF KEJETIA  PETTY TRADERS ASSOCIATION OF WHICH HE IS THE  CHAIRMAN COMPRISING 2283 MEMBERS THE NAMES VRS KUMASI METROPOLITAN ASSEMBLY (KMA),  KOJO BONSU CIVIL APPEAL  NO. J4/53/2016     14^TH JUNE, 2017

Matrimonial causes - Divorce - Ownership of Matrimonial home - interlocutory injunction - Whether or not the High Court (Court 9) Accra, acted without jurisdiction by proceeding to hear the case -  IN THE MATTER OF  THE REPUBLIC VRS THE HIGH COURT ACCRA NANA YAA KONADU EXPARTE: ALHAJI ABDUL RASHID CIVIL MOTION NO. J5/13/ 2014  13^TH FEBRUARY, 2014

Matrimonial Causes - Freehold Property - Article 266 - 1992 Constitution -  Whether by the provisions of Article 266 of the 1992 Constitution the petitioner, being a non-citizen of Ghana, cannot be granted a freehold interest in land - MARTIN J. VERDOSE    VRS PATRICIA ABENA VERDOSE-KURANCHIE CIVIL APPEAL  NO. J4/45/2016  25^TH JANUARY, 2017

Mining – Royalties- Jurisdiction – interpretation - Allodial ownership - Whether  or not Companies are required to pay royalties that, by definition and law - Whether  or not such royalties have to be paid to the owners of the lands on which they carry out their mining activities.- Whether  or not Ghana Revenue Authority is unlawfully and unconstitutionally exercising the powers and functions reserved by the Constitution to the Administration of stool lands - under Section 8(2) of Act 481 Office the of Administrator of stool lands - Article 2 (1), article 130 (1),   - 1992 Constitution - section 3 (1) -  Courts Act, 1992 (Act 459) (3): Whether or not the Plaintiffs have properly invoked the Jurisdiction of the Supreme Court - whether or not the Plaintiffs have taken advantage of the procedure prescribed for redress of grievances(s) before invoking the exclusive special, original jurisdiction of the Court. - whether or not the Plaintiffs have taken advantage of the procedure prescribed for redress of grievances(s) over apportionment of rents, royalties,- OKOFO SOBIN KAN II, NANA KARIKARI APPAU, NANA OSEI KOFI ABIRI NANA ODENEHO KWABENA NSIAH ABABIO, NANA KWAMENA ENAMIL AND THE ATTORNEY-GENERAL, OFFICE OF THE ADMINISTRATOR   OF STOOL LANDS, GHANA REVENUE AUTHORITY WRIT  No. JI/2/2012 30^TH JULY, 2014

Negligence - Contract - Breach of duty - Whether or not the Court of Appeal rightfully drew the necessary inferences from the undisputed facts on record. - Whether or not the proper parties were before the court to have answered the particulars of negligence - BOATENG ASANTE VRS. SCANSHIP GHANA LIMITED CIVIL APPEAL NO .J4/15/2013  15^TH JANUARY 2014

Negligence - Contract - Breach of duty - Whether or not the Court of Appeal rightfully drew the necessary inferences from the undisputed facts on record.- Whether or not the proper parties were before the court to have answered the particulars of negligence - BOATENG ASANTE VRS. SCANSHIP GHANA LIMITED CIVIL APPEAL NO  .J4/15/2013  15^TH JANUARY 2014

Negotiated settlement  - For peace sake  -  Estoppel  - Evidence  - We have detected between pages 29 – 30 of the record of appeal evidence of a negotiated settlement in the plaintiff’s, evidence to the effect that “the house be divided into 2 parts for defendant and his people and part for myself and my people.”  Continuing the plaintiff said “Defendant agreed I also agree for peace sake”.  In modern times, except for situations such as the Limitation Acts the courts in further aid of the maxim interest rei publicae ut sit finis litium will uphold an estoppel that is clearly established on the evidence though not pleaded as such.  We therefore uphold the aforementioned negotiated settlement in this case and amend the plaintiff’s  writ to include, in the alternative, a claim for the enforcement of the said negotiated settlement.  - ABDUL  RAHMAN  MUMUNI VRS ALHASSAN IBRAHIM CIVIL  APPEAL NO. J4/9/2012

onsent judgment – Terms of settlement - Sub-lease – Adoption of settlement - MOST  REV. DR. ROBERT ABOAGYE  MENSAH ,MOST  REV. DR. JOSEPH OSEI  BONSU, RT. REV. DANIEL YINKAH  SARFO, EDWARD  OSEI  BOAKYE TRUST FUND VRS YAW     BOAKYE CIVIL MOTION NO.J8/6/2014 12^TH NOVEMBER 2014

Patent - Trade name Usage - Exclusive right - Financial loss - Broadcasting of advertisement - Interim injunction - exercise of judicial discretion - Whether or not broadcasting of the advertisement on the airwaves of the was illegal - Whether or not the defendant merely provides subscriber management services for subscribers. - KOJACH LIMITED VRS MULTICHOICE GHANA LTD CIVILAPPEAL No. J4/3/2013    19^TH MARCH, 2014     

Police Service - Police Service Regulations - Central Disciplinary Board - Reinstatement  - Whether Central Disciplinary Board can terminate appellant’s appointment - Whether  inquiry into case was properly setup  - Whether non  acknowledged receipt of his appeal or petition - CASTRO DANIEL YAO AHIAMO VRS THE ATTORNEY-GENERAL,THE INSPECTOR GENERAL OF POLICE, CENTRAL DISCIPLINARY BOARD   CIVIL APPEAL NO. J4/ 38/2016 22^ND  NOVEMBER,  2017

Practice  and Procure - Contempt - Order of certiorari - An order restraining the learned Judge from the further  hearing of the matters arising from his ruling - Stay of proceedings - Whether or not the trial judge committed very significant/fundamental, material, grave and serious non-jurisdictional errors of law - Whether or not there was a miscarriage of justice to the applicant - Whether or not the trial high court judge exceeded his jurisdiction and or otherwise acted without jurisdiction - THE REPUBLIC VRS HIGH COURT, JUDGE KUMASI EX-PARTE: HANSEN KWADWO KODUAH , PARAGON INVESTMENT  LTD  CIVIL  MOTION  NO. J5/10/2015  4^TH JUNE  2015

Practice add Procedure - Default judgment – Setting aside - Stay of execution - invoking the supervisory jurisdiction of this court – Jurisdiction - Rule 21 -  Court of Appeal Rules, 1996 (C.I. 19) - THE REPUBLIC VRS THE HIGH COURT JUDGE ,KUMASI BANK OF GHANA  EX-PARTE:- REV. ROCHER DE-GRAFT SEFA  CIVIL MOTION No. J5/32/2014 5^TH NOVEMBER 2014   AND THE REPUBLIC VRS. THE HIGH COURT JUDGE, KUMASI BANK OF GHANA    EX-PARTE:-  SAMUEL  GYAMFI  CIVIL MOTION   No. J5/33/2014

Practice and  Procedure - Court of Appeal - Judgment against the weight of evidence - Whethe or not 1^st Defendant was not the proper party to be sued - Whether or not the Court of Appeal erred in holding that [the 1^st Defendant] had the capacity/locus standi to maintain the action against the [the 1^st Defendant] - Whether the learned Court of Appeal judges erred in deciding the merits of the case in an interlocutory appeal when it held that the alleged defamatory articles had been published on the Google Search Engine - 4.Whether or not the 1^st defendant published any alleged articles on the Plaintiff - GEORGE AGYEMANG SARPONG VRS  GOOGLE GHANA, GOOGLE INCORPORATED   CIVIL APPEAL NO. J4/50/2017   21^ST MARCH, 2018

Practice and Procedure -  Certiorari - Chamber registration number of the firm - Costs awarded - Stay execution of the order for costs - Article 129(4) - 1992 Constitution - IN THE MATTER OF THE REPUBLIC   VRS. THE HIGH COURT (COM. DIV.) KUMASI EX PARTE: FIRST ATLANTIC BANK LIMITED AGYEI BAFFOUR AND SONS LTD, BAFFOUR YAW AGYEI JAMES KWAKU OPPONG, CIVIL MOTION NO. J8/9/2015 19^TH DECEMBER 2014           

Practice and procedure  - Civil procedure - Defective pleading - Inherent jurisdiction - whether or not on the available evidence, the trial judge, procedurally is justified in deciding the case summarily.-Whether or not the action was frivolous and constitutes an abuse of the Court’s process. - HARRIET MORRISON (NEE BAAH) VRS REGISTERED TRUSTEES VICTORY BIBLE CHURCH CHIEF REGISTRAR, LAND TITLE REGISTRY PERSONAL THE LATE CECILIA MORKOR BAA REPRESENTATIVES OF   

Practice and Procedure -  Service out of  the jurisdiction - .Setting aside judgment - Retrial  - the High Court contained in High Court (Civil Procedure) Rules, CI 47. -  Order 14 - Whether or not defendant was served with notice of the adjournment - Whether or not defendant’s answer was filed out of time - PIETER RODOLPH J. ROOMJIN VRS GEORGE KWABENA BOADI CIVIL APPEAL  No. J4/32/2013 14^TH JULY 2016

Practice and Procedure - Agreement - Contract – Breach of undertaking to construct - Action statute barred. - Res judicata - Order 33, r5, of the High Court (Civil Procedure) Rules, CI 47 – Whether or not the action was statute barred or it was within time -INFITCO COMPANY LIMITED VRS FRIGO LIMITED CIVIL APPEAL NO. J4/08/2019 20TH MARCH, 2019

Practice and Procedure - Appeal - Interlocutory - Rule 8(1) (a) of CI 16 of 1996 - whether former Ya-Na of the Dagbon Traditional Area entitled to full funeral rites in accordance with Dagbon Constitution and Customary practice - ABDULAI MAHAMADU,   NAA SULE ALHASSAN VRS KAMPA KUYA NAA, KPAN-NAA BAWAH MAHAMADU CIVIL APPEAL NO: J4/23/2015  12^TH JULY, 2017 

Practice and Procedure - Appeal - Special leave - Three-member panel - Whether there was a Memorandum of Understanding (MoU) to become a shareholder in applicant company - Whether  there was misrepresention of certain facts about the real status of the 2^nd  as  a shareholder - Whether applicant can cliam no more interested in the acquisition of the shares as agreed upon in the MoU.- ANTONIO OLIMPIO SANTOS FELIX VRS GIOVANNI ANTONELLI ,BIGLEBB CONST. & CRUSHING LTD     CIVIL MOTION NO. J8/99/201720^TH JULY, 2017

Practice and Procedure - Application for extension of time – Criminal law -  Exercise a discretion -  Exceptional circumstances - KWAKU FRIMPONG @ IBOMAN   VRS THE REPUBLIC CRIMINAL MOTION NO. J8A/ 8/ 2015 18^THNOVEMBER 2015    

Practice and Procedure - Banking - Loan - Auction sale - Execution - Setting aside of execution - 1992 Constitution; Article 134 - Civil Procedure Rules 2004, C.I. 47 Order 44 Rules 2(3) and (4) - Whether or not Respondent ought to have first sold its moveable properties and if that was not sufficient to liquidate the judgment debt before levy execution against immoveable property - Whether or not there was a breach which made the auction illegal and void Whether or not the said auction could be set aside at any time - GHANA COMMERCIAL BANK VRS. EASTERN ALLOYS COMPANY LTD CIVIL MOTION NO.  J8/90/2016 17^TH  NOVEMBER 2016

Practice and Procedure – Banking institution - Certiorari – Invoking the supervisory jurisdiction of the court - Jurisdictional error - Judgment in default of appearance - Operating without a banking licence – Filing out of time - Fraud and illegality - breach of  Whether or not the applicants knew all along that the Onward Company was operating without a valid license - Whether or not operating illegally and fraudulently in foreign transactions/exchange amounted to a breach of article 183 (2) (d) of  1992 Constitution of Ghana, the Bank of Ghana’s Act 2002 (Act 612) and the Banking Act, 2004 (Act 673)- Rule 62 - Supreme Court Rules 1996 C. I. 16 - 10 r(1) and (6) of the High Court, (Civil Procedure) Rules, 2004 C.I. 47- section 17 of the Bodies Corporate (Official Liquation) Act, 1963 (Act 180) - REPUBLIC  VRS.  HIGH COURT, KUMASI EX PARTE BANK OF GHANA, MR KWESI AMMISAH-ARTHUR  & FRANKLIN BELNYE REV. ROCHER DE-GRAFT SEFA ERNEST KWASI NYAME ASIEDU CIVIL MOTION  No.J5/14/2013  10^TH APRIL, 2013  AND REPUBLIC  VRS.  HIGH COURT, KUMASI EX PARTE BANK OF GHANA, MR KWESI AMMISAH-ARTHUR & FRANKLIN BELNYE SAMUEL GYAMFI & 693 ORS CIVIL MOTION No.J5/15/2013

Practice and Procedure – Capacity - Liability for the debt - Terms of payment - Summary Judgment - whether or not the summary judgment was within the scope of Order 14 of CI 47 – whether or not the court was right in making an award for a sum different from that claimed by the plaintiff - Order 14 rule 5(1) (a) of the High Court Rules - WINDWORTH HOLDINGS (PTY) LTD VRS DUPAUL WOOD TREATMENT (GH)   LTD CIVIL  APPEAL NO.  J4/66/2018 23^RD JANUARY, 2019

Practice and Procedure - Certiorari - Economic and Organised Crime - Jurisdiction - article 296 of the Constitution 1992 - Anti Money Laundering Amendment Act, (Act 874) - Whether High Court, Financial Division 2 exceeded its jurisdiction - Whether freezing of all the accounts was done in breach of the rules of natural justice. - Whether preservation of the funds in a frozen account to facilitate investigations, includes prosecution - THE REPUBLIC VRS HIGH COURT, (FINANCIAL DIVISION 2) ACCRA  EX-PARTE: KOFI APPIANIN ENNIN, CRISSPAN COMPANY LIMITED,GHANA EMPIRE BAND LIMITED WANAMARU ENTERPRISE, FINANCIAL INTELLIGENCE CENTRE   CIVIL MOTION  NO. J5/9/2017  31^ST JANUARY, 2017

Practice and Procedure - Certiorari - Order of Prohibition and restraining - Order having been made in excess of his jurisdiction - Terms of settlement – terms of settlement - Consent Judgment - Whether or not the judge acted without jurisdiction - THE REPUBLIC  VRS HIGH COURT, ACCRA (FAST TRACK DIVISION) EX-PARTE: DEBORA ATAKORAH (FAST TRACK DIVISION)  AND BILLY UDJOE  CIVIL MOTION NO. J5/27/2014   22^ND JULY 2014

Practice and procedure – Certiorari - Revoking of Mining Leases - sections 12 and 13 - Minerals and Mining Act, Act 703 – Whether or not the High Court had no jurisdiction to enforce non-existent right claimed under a purported mining lease which had not been ratified by Parliament - Whether or not the grant of the three Mining Leases to the interested party was void – Whether the Minister for Lands and Natural Resources had the legal right to revoke the Mining Leases granted to the interested party - Whether or not the processes preceding the grant were in breach of the Constitution and several provisions of the Minerals and Mining Act, Act 703, as well as, the Minerals and Mining Regulations, 2012, LI 2176 - Whether or not the three leases granted to the interested party violated article 268 (1) of the Constitution - Whether or not the Minerals Commission offered the leases to interested party, before recommending the applications to the Minister for Mines and Natural Resources – Whether or not interested party was wrong in resorting to court action instead of Arbitration - Article 129(3) -1992 Constitution - THE REPUBLIC VRS HIGH COURT, GENERAL JURISDICTION (6) ACCRA EX PARTE: ATTORNEY-GENERAL EXTON CUBIC GROUP LTD CIVIL MOTION NO. J5/40/2018 31^TH JULY, 2019

Practice and Procedure - Certiorari - Section 217 for Injunction and Declaration - Companies Act 1963 (Act 179) - Stay of execution - Resolution passed –Whether or not the resolution passed appointing the 1st Respondent and the 2nd Respondent as Directors was irregularly passed and a nullity - Whether or not the resolution passed was inconsistent and in contravention of the Regulations of the 3rd Respondent Company and the Companies Act, 1963 (Act 179) and therefore void - Whether or not the 1st Respondent and the 2nd Respondent are directors of the 3rd Respondent Company – Whether or not the High Court judge committed a jurisdictional error of law when he appointed an interim committee of two to supervise the duties of the General Manager of the Company without regard to the Companies Act, Act 179 and Regulations of the Company. - THE REPUBLIC VRS HIGH COURT (COMMERCIAL DIVISION 6), ACCRA    EX PARTE: NOWFILL S. LABA, WISSAM LABA, LOUIS KHATER ABI HABIB KHATER LATEX FOAM RUBBER PRODUCTS LTD CIVIL MOTION NO. J5/14/2019 19TH JUNE 2019

Practice and procedure – Certiorari – Statute – interpretation - Section 8 (c) - Security Industry Act, 1993 (PNDCL 333) – Whether or not a non joinder or misjoinder of a party to proceedings ordinarily points to a breach of the nemo judex in causa sua principle of natural justice - THE REPUBLIC  VRS HIGH COURT  (COMMERCIAL  DIVISION)  ACCRA,EX PARTE; REPUBLIC BANK LIMITED, HFC BANK (GHANA) LIMITED SECURITIES AND EXCHANGE, CIVIL MOTION No.: J5/45/2014 17TH DECEMBER 2014

Practice and Procedure – Certiorari – Whether or not application was filed out of time in terms of rule 62 of the Supreme Court Rules 1996, C. I. 16 and therefore ought to be dismissed - Notice of Preliminary Objections - Money laundering and Cyber-crime – Whether or not the High Court Judge exceeded his jurisdiction when he ordered the seizure and forfeiture of the sum -  Article 19 - 1992 Constitution - THE REPUBLIC VRS HIGH COURT, ACCRA   EX-PARTE NII NUEH ODONKOR THE EXECUTIVE DIRECTOR ECONOMIC AND ORGANISED CRIME OFFICE, BANK OF GHANA, ECOBANK GHANA LTD, CIVIL MOTION   No: J5/26/2014 22^ND JULY 2014

Practice and Procedure - Certiorari and Prohibition -  High Court (Civil Procedure) Rules, 2004 (C.I.47) - Order 19 R 2 of C.I.47 - Whether A declaration for extension of the mandate of the Governing Council of the 1^st Respondent by the 2^nd Respondent to stay in office to perform such functions as properly appointed council was in breach of Section 8 Act 672.- THE REPUBLIC VRS HIGH COURT, WINNEBA EX PARTE: UNIVERSITY TEACHERS ASSOCIATION  OF GHANA (WINNEBA CHAPTER)   SUPI KOFI KWAYERA , UNIVERSITY OF EDUCATION, WINNEBA, MINISTER OF EDUCATION, CIVIL MOTION  NO. J5/65/2017   20^TH DECEMBER, 2017

Practice and procedure – Chieftaincy - Causes of matter affecting  chieftaincy  - Judicial review – Certiorari - Judicial Committees -  Traditional Councils – Audi alteram partem rule  - Perpetual injunction – Rightful person with authority to nominate a royal for the stool - Whether or not the purported acts of confinement and the intended installation of Tufuhene for Apam are unlawful – Whether or not the the procedure adopted by the trial Judicial Committee amounts to a breach of the rules of natural justice - Whether or not the Court of Appeal erred in not indentifying the real issues for determination before the Judicial Committee - Reg 6 - Chieftaincy (Proceedings and Functions) (Traditional Councils) Regulations 1972, LI 798 - Article 141 - 1992 Constitution - section 16 - Courts’ Act, Act 459 of 1993 - THE REPUBLIC VRS JUDICIAL COMMITTEE OF THE GOMOA AKYEMPIM TRADITIONAL COUNCIL EX-PARTE:  OPANYIN POBEE TUFUHENE ELECT OF APAM AND E. R. KOJO YOYOO CIVIL APPEAL No.J4/40/2012 6^TH  FEBRUARY,2013

Practice and procedure - Chieftaincy - Judicial review,  - Extension of time, - Certiorari,  - Whether the grant of  leave for extension of time  has been taken or made beyond the 6 (six) months period - THE REPUBLIC VRS WASSA  FIASE TRADITIONAL COUNCIL NANA AKWASI SOMPREY II, EXPARTE:- ABUSUAPANYIN  KOFI  NYAMEKYE, NANA KORKYE  II, DR. FRANCIS  BIH, OBAAPANIN  YAA  KOM CIVIL APPEAL  No.J4/55/2014  28^TH   MAY  2015

Practice and Procedure - Civil procedure - Certiorari - An order to quash a ruling of the High Court, - to further restrain judge from further hearing a suit. - THE REPUBLIC VRS HIGH COURT, ACCRA EXPARTE: JUSTFAR HOLIDAY RESORT  COMPANY  LTD JAMEN COMPANY   LTD     CIVIL MOTION  No. JS/46/2015 21^ST  JANUARY 2015  

Practice and Procedure – Civil Procedure - Execution - Judgment creditor - Loan facility - Beneficiary of a judgment- Attachment – contract of sale - Interpleader  - Section 13(1) - Evidence Act, 1975, NRCD 323 - Order 44 rules 12 ,13 of C. I. 47 Order 48 rule 4(1)(b) -  High Court Rules, 2004, C. I. 47 - Burden of proof of Collusion - Section 4 - Lands Registry Act, 1962, (ACT 122) - Land Title Registration Act, 1986, PNDCL 152 - of section 3(2) and (4)  - Mortgages Act, 1972, NRCD 72 - MARTIN ALAMISI AMIDU VRS THE ATTORNEY GENERAL, WATERVILLE HOLDINGS (BVI) LTD, ALFRED AGBESI WOYOME AND UT BANK LTD (IN RECEIVERSHIP) CIVIL MOTION NO. J7/10/2014 27TH JUNE, 2019

Practice and Procedure - Clarification and further directions in respect of Supreme Court  judgment - Supreme Court Rules, CI 16 of 1992 - inherent jurisdiction rule 5 - Whether or not order made by this honourable court pursuant to the  judgment in the that the 1^stDefendant/ Respondent  to “delete or clean” the current register of voters to conform to the provisions of the 1992 Constitution and applicable law means the immediate removal of names of persons who registered with the National Health Insurance Scheme Card and who had otherwise not established qualification to register or remain on the register of voters - Whether or not the  Constitution of Ghana and provides the legal basis and authority for 1^st Defendant/Respondent to comply with same forthwith.- Whether the said court can remove the names of persons who used the National Health Insurance Scheme Card and others who had not lawfully established qualification to register from the current register of voters forthwith and provide those who remain eligible and subsequently establish qualification to register under law an opportunity to do so in time to participate in the general elections of 2016.-  ABU RAMADAN,EVANS NIMAKO VRS THE ELECTORAL COMMISSION    THE ATTORNEY GENERAL  CIVIL MOTION No.  J8/108/2016  5^TH JULY  2016

Practice and Procedure – Constitutional law – Interpretation -  enforcement jurisdiction -Order 31 rule 2  -  High Court (Civil Procedure Rules) of 2004, (CI 47) - interpretive and – Consolidating order  - Whether or not the Speaker of Parliament to subscribe to the oath of the President when both the President and the Vice- President are out of the country – Refusal to subscribe to the oath - True meaning of article 60 (11) and (12) - 1992 Constitution - Whether or not the Speaker has violated his oath of office -  Whether or not he is a necessary and proper party in the suit - Whether or not the Speaker of Parliament violated article 60 (11) of the 1992 Constitution - Whether or not the Speaker of Parliament be liable to imprisonment not exceeding ten years without the option of a fine - Whether or not the Speaker of Parliament not eligible for election, or for appointment to any public office for ten years beginning with the date of the expiration of the term of imprisonment - SAMUEL ATTA-MENSAH       VRS THE ATTORNEY-GENERAL RT.  HON. EDWARD DOE ADJAHO CONSOLIDATED WRITS NO: J1/4/2015 3^RD  DECEMBER, 2015

Practice and Procedure - Constitutional law -- Interpretation and enforcement  -  1992 Constitution Article 2  - Whether or not Plaintiff has no locus standi to enforce the judgment - MARTIN ALAMISI AMIDU VRS THE ATTORNEY GENERAL, WATERVILLE HOLDINGS (BVI) LTD, ALFRED AGBESI WOYOME CIVIL MOTION  NO. J8/9/2017  16^TH  NOVEMBER 2016

Practice and Procedure - Defaulted in entering appearance - Default judgment - Application for leave to adduce fresh evidence - Supreme Court Rules, C.I.16, rule 76(1)(2) - Whether an appellate court could entertain an application - Article 183 - 1992 Constitution - REV. ROCHER DE-GRAFT SEFA, ERNEST KWASI NYAME ASIEDU VRS BANK OF GHANA ONWARD  INVESTMENT  CIVIL MOTION No. J8/75/2014  29^TH JULY 2014  AND SAMUEL  GYAMFI, CIVIL MOTION  No. J8/76/2014  VRS. BANK OF GHANA  ONWARD  INVESTMENT

Practice and Procedure – Determination of boundary  - Map-  Leave to adduce fresh evidence - Rule 76 - Supreme Court Rules, 1996 CI 16 – Whether or not there is an exception which allows this Court to permit the adducing of new evidence relevant to the issue before this court in the interest of justice – Whether or not the evidence could not have been and was not available to the party applying for leave - NANA OTUO ANTWI BOASIAKO VRS NANA ADJEI PANIN II CIVIL MOTION  NO. J8/23/2013. 22^ND  JANUARY, 2013

Practice and Procedure - High Court (Civil Procedure) Rules, 2004 (C.I. 47) Order 11 Rule 18 (1 ) -  Limitation Act, 1972, (NRCD54) - Whether respondent breached implied warranty of fitness, replacement value of affected trucks - whether the appellant’s action is an abuse of court process - Whether pleadings in the previous case are materially different and easily distinguishable from the issues and cause of action raised in the present case.- ALLOYS COMPANY LIMITE    VRS SILVERSTAR AUTO LIMITED   CIVIL APPEAL  NO. J4/55/2017 9TH MAY, 2018

Practice and Procedure - Interlocutory injunction – Payment of interest  - Whether or not  the monies received was a financial assistance, or a loan - Whether or not  the order of the court disposes of the rights of the parties - Whether or not  where property has been directed to be sold by decree, the court will sometimes stay the sale - Whether or not an injunction may be granted in aid of or in lieu of equitable execution - JONAS ADDO McKAY, MR. OKU, MRS. OKU VRS DANIEL MENSAH,                     NATIONAL LOTT RECEIVERS UNION,ACCRA CIVIL MOTION No. J8/49/2013 3^RD MAY,2013

Practice and Procedure - Interlocutory or final order - Nature of the order- Nature of the application - Social Security and pension benefits - Interest - Summary judgment -  Non-compliance  with rules – Relist - Whether or not all appeals and application for leave to appeal are time bound and must be filed within the periods of time mandated by the rules of court - Whether or not the order as made had disposed of the rights of the parties – Whether or not the Court of Appeal  failed to exercise its discretion judiciously – Whether or not the decision of the Court of Appeal, referred to is final or interlocutory - Order 14 rule 2 (3) – High Court Civil Procedure Rules C.I 47 - Rule 20(1) & (2) - Court of Appeal Rules C. I. 19 - rule 8 (1) (a) – Supreme Court Rules 1996, C. I. 16 - MATTHEW TAWIAH ARYEETEY VRS SOCIAL SECURITY AND NATIONAL INSURANCE  TRUST (SSNIT) CIVIL APPEAL No.J4/29 /2012 27^TH FEBRUARY, 2013           

Practice and Procedure – invoking  the supervisory jurisdiction - Article 131 (4) - Constitution, 1992 - Section 57 - Courts Act, 1993 [Act 459] Certiorari and Prohibition - Chieftaincy  - whether or not the substantive suit or action from which the Order of the High Court judge  emerged, was not a cause or matter affecting chieftaincy. – Whether or not the applicant had no locus to bring the application - THE REPUBLIC VRS THE HIGH COURT (GENERAL JURISDICTION), ACCRA EX-PARTE: NII AGYEMANKESE III AND NII DODOO NSAKI II & 4 Others CIVIL MOTION NO. J5/11/20196^TH FEBRUARY, 2019

Practice and Procedure - jurisdiction  of Court - Rule 20 of the Supreme Court Rules, 1996 (CI 16) - Article 129(4) - Article 131(1)(a) -  Constitution 1992  - Whether the the Supreme Court, is seised with jurisdiction to hear the applicant’s motion for directions - WESTCHESTER RESOURCES CIVIL MOTION No. J8/29/2013 27^TH MARCH,2013

Practice and Procedure - Land - Declaration of title - Injunction pending appeal - Stay of execution - Interlocutory injunction - Rule 16(1) - Rule 20(2). - Supreme Court Rules, (1996) C.I. 16 - Whether or not there was no stay in force when the application to this court was struck out as withdrawn - Whether or not the applicant could come back to this court with a similar application in the same proceedings – ABED NORTEY, V. AFRICAN INSTITUTE OF JOURNALISM & COMMUNICATION STEPHEN NARTEY DANIEL NARTEY CIVIL MOTION No. J8/49/2013 15^TH APRIL,2013

Practice and Procedure - Land - Declaration of title - Injunction pending appeal - Stay of execution - Interlocutory injunction - Rule 16(1) - Rule 20(2). - Supreme Court Rules, (1996) C.I. 16 - Whether or not there was no stay in force when the application to this court was struck out as withdrawn - Whether or not the applicant could come back to this court with a similar application in the same proceedings - ABED NORTEY, V. AFRICAN INSTITUTE OF JOURNALISM & COMMUNICATION STEPHEN NARTEY DANIEL NARTEY CIVIL MOTION No. J8/49/2013 15^TH APRIL,2013

Practice and Procedure - Land – Ownership - Grant of possessory rights Trespass -  Declaration of title  - Capacity – Order 4 r 9 (4) - High Court (Civil Procedure Rules, 2004, CI 47 – Whether or not  plaintiff failed to have positively identified the boundaries of the land claimed - section 48 - Evidence Act - SUBUNOR AGORVOR (SUING ON HIS BEHALF AND ON BEHALF OF THEAGORVOR FAMILY OF TAMATOKU) VRS MR. J. K. KWAO, AARON NARH ACHIA CIVIL APPEAL NO. J4/07/2018 27^TH MARCH, 2019

Practice and Procedure - Non-compliance with conditions of appeal- R 18 of the Court of Appeal Rules, 1997 (C.I.19 - ISAAC FRIMPONG VRS S. B. FACTURE CIVIL APPEAL NO. J4/22/2014   7^TH  NOVEMBER, 2017

Practice and procedure - Order of direction - Bank guarantee  -  Wrongfully serves - Address for service - Rule 14 14(1), Rule 82 - Supreme Court Rules, 1996 (C.I.16) - ALLIANCE MARINE SERVICES VRS. THE VESSEL M/V JAMESTOWN OWNERS     DWC EXPLORATION & PRODUCTION  CO. LTD  CIVIL MOTION  NO.J8/3/2015 14^TH NOVEMBER 2014

Practice and Procedure – Property - Extension of time - Fresh action - Court of co-ordinate jurisdiction –Setting aside judgment on ground of fraud - Abuse of court process – Whether or not whole suit was an abuse of the court’s process as the matter was res judicata - OSEI ANSONG, PASSION INTERNATIONAL SCHOOL VRS GHANA AIRPORTS COMPANY LTD   CIVIL APPEAL  NO. J4/24/2012  23^RD JANUARY, 2013

Practice and Procedure – Review jurisdiction - Extension of time – Whether or not the High Court had power under its review jurisdiction to extended the time within which an appeal could file  - Order 42 - High Court (Civil Procedure) Rules, 2004 C.I.47 - Whether or not the High Court can vacate the said order for want of jurisdiction - Rule 9 (7)  - Court of Appeal Rules, 1997 C.I.19 -  SUMANI MUNJISUBSTITUTED FOR AMORAL MUMUNI VRS ALHAJI ADAMU IDDRISU , ALHAJI MAHAMA SULEMANA, ALHAJI SIDIQUE LAMINI CIVIL APPEAL NO. J4/20/2012  24^TH MAY, 2013

Practice and procedure - Special leave to appeal - Stay of execution pending appeal  - Whether bid to provide services can be accepted by the applicants and that a formal contract was to follow soon - Whether there was a prima facie error on the face of the record - whether a general principle of law had arisen for the first time. - SKYLIMIT STRUCTURE   BUILDERS LIMITED   VRS TULLOW GHANA LIMITED CIVIL MOTION NO. J8/212/2017   16^TH NOVEMBER, 2017  

Practice and Procedure - Stay of execution – Non-service of process – Conducting a search – Whether an injunction was incompetent if an applicant did not attach a statement of case as well as all legal arguments in support of such application – Section  263(1) - Company’s Code, Act 179 - ZOOMLION GHANA LTD VRS MERSKWORLD CO. LTD  CIVIL MOTION No. J8/89/2013  7^TH NOVEMBER,2013

Practice and procedure - Stay of execution - Time of filing - Out of time - Interlocutory injunction pending appeal - Preliminary objection - Jurisdiction - Whether or not the court was seised with jurisdiction to hear and determine the application for interlocutory injunction – Article 129(4) - 1992 Constitution - Rule 31 - Court of Appeal Rules, C.I.19.1997 -  Rule 20 (2) - Supreme Court Rule 1996 C.I 16 - JONAS ADDO McKAY,MR. OKU, MRS. OKU VRS DANIEL MENSAH NATIONAL LOTT RECEIVERS UNION CIVIL MOTION No. J8/49/2013 10^TH APRIL,2013

Practice and Procedure - Stay of execution and proceedings - Suspension of the entry of judgment pending appeal - Rule 17 – Supreme Court Rules 1977 CI 16 - GHANA COMMERCIAL BANK  VRS BULKSHIP AND TRADE LTD CHRIS CHINEBUAH  DZIFA FRENCH CUDJOE  CIVIL MOTION NO: J8/94/2014 20^TH NOVEMBER 2014

Practice and Procedure - Stay of proceedings - Article 134(b) of the Constitution and Rule 73 of the Supreme Court Rules, 1996 C.I. 16 - Whether a party permits can apply to the court for a stay of proceedings - MARTIN ALAMISI AMIDU VRS THE ATTORNEY  WATER VILLE HOLDINGS (BVI) LTD & 2 OTHERS, ALFRED AGBESI WOYOME CIVIL MOTION     NO. J8/115/2017  4^TH JULY, 2017

Practice and Procedure - Stay of proceedings pending appeal – Contact - Sales Agreement – Supply of equipment - Malfunctional equipment - Stay of execution – Change the venue - Whether or not there were no pending proceedings – Whether or not the Court of Appeal purported to stay non-existing proceedings at the High Court when the Court of Appeal made the said orders - Rule 27A of the Court of Appeal Rules, 1996 (C.I. 19) as amended - FOOTPRINT SOLUTIONS CO. LTD  VRS LEO & LEE COMPANY LTD  CIVIL APPEAL. No J4/52/2011   24^TH MAY, 2013

Practice and Procedure - Supreme Court - Invoked our supervisory jurisdiction Order of Certiorari - Order of prohibition - Setting aside - Customary arbitration -  Traditional Council Arbitral award – Whether or not there was a valid customary arbitration Two gates  - Which of the said two gates is entitled to nominate and install the Mankralo of Ada  - Section 58, Section 112  - Alternative Dispute Resolution Act, 2010 (Act 798) - Article 132 of the constitution - Rule 61 of the Supreme Court Rules, 1996 C.I. 16 -  Whether or not the application was brought out of the statutorily prescribed time period so same is incompetent - Whether or not the High Court acted in excess of its jurisdiction when it dismissed the preliminary legal objection  - THE REPUBLIC VRS HIGH COURT, (PROBATE AND ADMINISRATION DIVISION), ACCREX PARTE: PATRICK AGUDEY TEYE NOMO AGBOSU DOGBEDA AND 5 OTHERS CIVIL MOTION NO. J5/62/2018 29^H MAY, 2019

Practice and Procedure – Supreme Court - supervisory jurisdiction - Prerogative writ – Certiorari - Default of Appearance - Order 9 rule 1(1) and 3(1) - High Court (Civil Procedure) Rules, 2004, (C 147) – Whether or not the High Court (Commercial Division), in entering Judgment in Default of Defence against the applicant breached the rules of natural justice - Whether or not entry of Appearance filed and not containing the necessary details to satisfy the requirements under the rules did not render the statement of defence filed within time irregular and a nullity - Whether or not statement of defence filed pursuant to the defective Notice of Appearance without first amending the defect amounted to a non-existent statement of defence - THE REPUBLIC Vs THE HIGH COURT (COMM. DIV) ACCRA EX PARTE: PORT HANDLING COMPANY LIMITED AND CROSSWINDS CONSULTING AND FINANCIAL SERVICE CIVIL MOTION J.5/23/2013 30^TH OCTOBER, 2013

Practice and Procedure - Supreme Court Rules CI 16 as amended by CI 24. Rules 62 and 66 - Extension of time - An application to invoke the supervisory jurisdiction of the Court shall be filed within 90 days of the date when the grounds for the application first arose unless the time is extended by the Court. - THE REPUBLIC  VRS  HIGH COURT, HO EX-PARTE: AWUKU ADOPLEY   AND  SARA  AKU WADZA CIVIL  MOTION NO. J8/11/2018 11^TH JULY, 2018

Practice and procedure - Will - Property - Ownership to the property - Beneficial interest in the disputed property  - Consequential awards  - Variation of relief - Whether the decision of the Court of Appeal can be said to be reasonably derived from the evidence contained in the record of appeal - Order 1 rule 2 - High Court (Civil Procedure) Rules, 2004, CI 47 - Section 11(8)  - Courts Act, 1993, Act 459 - section 52 - Evidence Act, NRCD 323 - Rule 8 (9) - Court of Appeal Rules, CI  19 - SAMPSON OBENG KWAME MENSAH VRS KWABENA MENSAH (SUING FOR HIMSELF & ON BEHALFOF ALL HIS SIBLINGS) CIVIL APPEAL NO.  J4/78/2018 17^TH JULY, 2019

Practice and Procedure - Withdraw and re-filing of - Court of Appeal Rules, 1997 CI 19 Rule 17 - Wills - Caveat - Executors - Wills Act, 1970 Act 360 - jurisdiction - Whether will of the deseased is valid and in compliance with the provisions of the Wills Act, 1970 Act 360. - Whether the Deceased did not have his mental capacity to make a Will - Whether Defendants second notice of appeal filed was contrary to law and procedure, null and void and thus incapable of invoking the court's jurisdiction. - Whether there were two attesting witnesses both present at the same time that the Deceased Testator signed - NANA  KWASI  BRONI , YAW  AHIMA  BOAMPONG  VRS KWAME  KWAKYE,  KWADWO   DEKYI, KWASI  FREMPA  DEKYI  CIVIL APPEAL NO. J4/19/2016 22^ND FEBRUARY, 2017

Practice and Procedure -  Certiorari - Order of Mandamus - interpretation of Articles 127 and 161 of the 1992 Constitution - Whether Plaintiff is not liable to any action or suit for any act or omission by her in the exercise of judicial power vested in her as a Registrar - Whether the High Court Judge lacked jurisdiction to interpret articles 127 (3) and 161 of the 1992 Constitution - THE REPUBLIC VRS THE JUDICIAL SERVICE OF GHANA, THE ATTORNEY GENERAL , EX-PARTE: CATHERINE DESOUZA   CIVIL MOTION NO. J5/12/2017   11^TH APRIL, 2017

Practice and Procedure -  Res judicata - Land - Ownership - Whether preliminary points of law need not necessarily be tried before the action goes to trial  - OFEI KWAKU MANTE    (Subs. by REV. ALEX ARYEEQUAYE)    VRS MIKE SIMILAO, S. K. BOTCHWAY, KOTEI BOTCHWAY ,NII ARYEE ANNANG (Subs. by EVANS OKAI ANTEH)   CIVIL APPEAL NO. J4/10/2016  11^TH MAY, 2017

Practice and Procedure -  Special leave to appeal - Article 131 (2) and 134 (b) of the Constitution 1992 - Court of Appeal refusing a repeat application for stay of execution pending appeal - Whether the court of Appeal misconstrued its jurisdiction under article 138 (b) or section 12 (b) of Act 459 - SKYLIMIT STRUCTURE   BUILDERS LIMITED   VRS TULLOW GHANA LIMITED   CIVIL MOTION NO. J/8/109/2017 13^TH JULY, 2017

Practice and Procedure - Single judge - Stay of execution pending appeal - article 134(b) of the 1992 Constitution - Special circumstances - ECOBANK GHANA LIMITED   VRS ALUMINIUM ENTERPRISE LTD.  REVIEW MOTION NO. J7/5/2015 23^RD MARCH, 2017

Practice and Procedure - Single judge - Stay of execution pending appeal - article 134(b) of the 1992 Constitution - Special circumstances -Whether partial grant of stay amounted to a refusal - Whether Court of Appeal affirming the High Court’s grant of a conditional stay of execution was not an executable order. - ECOBANK GHANA LIMITED   VRS ALUMINIUM ENTERPRISE LTD.  REVIEW MOTION NO. J7/5/2015  23^RD MARCH, 2017

Practice and Procedure - Special leave to appeal - Courts Act, 1993 Section 1 (2) (Act 459) as amended and Rule 7 (4) - Section 1 (2) of the Courts Act, 1993 (Act 459) as amended and Rule 7 (4) - Pendency of interlocutory application - whether Order 66 rule 3 of C. I. 47 which creates a criminal offence could be enforced - Question of law or is in the public interest. - ERIC TEI AKWETEY SIAW DR. DANIEL NARH SIAW  EMMANUL THOMAS SEKOU  VRS. TETTEH SIAW-SAPPORE ,NARTEH SIAW-SAPPORE  SIAW-SAPPORE OTUBUAH  CIVIL MOTION NO. J8/129/2016  FILED ON 4^TH  NOVEMBER 2016

Practice and Procedure - Special leave’ to appeal - section 21 (a) of the Legal Profession Act, 1960 [Act 32]. Article 131 (1) of the 1992 Constitution and Section 4 (1) of the Courts Act, 1993 [Act 459] - Whether the ruling of the single justice, of  the Court of Appeal  reversed by a reconsututed Court of Appeal justices. - HANSON KWADWO KODUAH    VRS GENERAL LEGAL COUNCIL - DISCIPLINARY COMMITTEE OF THE GENERAL LEGAL COUNCIL  CIVIL MOTION NO. J8/54/2017  27^TH APRIL, 2017

Practice and Procedure- Civil Procedure - Adoption of  proceedings - Jurisprudence - 1992 Constitution  - Article 129 (3) - Customary Successor - Inherited property - Expiration of the initial lease - Fiduciary relationships - whether the lease subsequently acquired by Osei Hwirie validly devolved on him in his personal capacity - Whether or not he did acquire it in trust on behalf of the family -  ADOMAKO ANANE VRS . NANA OWUSU AGYEMANG (SUBSTITUTED BY NANA BANAHENE) NANA YAW GUAKRO (SUBSTITUTED BY NANA ASAMOAH OKYERE) JERRY DEE AMOAH AKWASI DONKOR (SUBSTITUTED BY NANA KWAKU DWOMOH) ADDO ALIAJA AMMA KWAAH (SUBSTITUTED BY NANA KWAKU DWOMOH) KWABENA ANTOH (SUBSTITUTED BY AKUA ODE) AMMA NHYIRAA CIVIL APPEAL  NO. J4/42/2013  26^TH FEBRUARY, 2014

Practice and Procedure. - Prohibiting order - invoking the court’s supervisory jurisdiction – Whether or not the court lack of jurisdiction from hearing the said suit – Whether  a person in whose favour an order has been made is justified in issuing a writ of summons at the High Court to enforce it – Whether or not it is it is permissible to start a fresh action in order to enforce a judgment - rule 28 - Supreme Court Rules, 1996 (C.I. 16) - Article 129(4)  - 1992 Constitution - THE REPUBLIC VRS. THE HIGH COURT (FAST TRACK DIV.) ACCRA EX PARTE: ANANE AGYEI FORSON, THE ATTORNEY - GENERAL CIVIL MOTION  NO.J5/29/2014  5^THNOVEMBER 2014

Practice and Procedure - Res judicata - Interest - judicial review. - Supreme Court Rules 1996 (C.I 16)  Rule 54(a) - Review part of the decision - Clarification of the use of the word “jointly” and “jointly and severally” in the judgment and the certificate of the order of this Honourable Court respectively - Whether computation of the interest should compound or simple interest as regards the contract - Whether of not there ware procedural issues which affects the Courts jurisdiction to entertain the application - Whether there was exceptional circumstances which have necessitate a review of the clarificatory orders - Whether or not there  was a clear violation of existing statutory provisions governing the computation of interest on judgment debts.  - NDK FINANCIAL SERVICES  VRS AHAMAN ENTERPRISES LIMITED, ATTORNEY- GENERAL, ALEX A. ADUKO  REVIEW MOTION NO.J7/4/2016  13^TH  JUNE 2016

Presidential election petition in the matter of a petition challenging the validity of the election of John Dramani  Mahama as President of the Republic of Ghana pursuant to the Presidential election held on 7^th and 8^th December 2012: - Article 64 of the Constitution, 1992  - Section 5 of the Presidential Election Act, 1992 (PNDCL 285); and Rule 68 & 68 A of the Supreme Court (Amendment) Rules 2012, C. I. 74 - Application to produce documents for  inspection and to make copies thereof - The right to information - Article 21 (1) (f) - Constitution, 1992 - BETWEEN NANA ADDO DANKWA AKUFO-ADDO, DR. MAHAMUDU BAWUMIA JAKE OTANKA OBETSEBI-LAMPTEY AND JOHN DRAMANI MAHAMATHE ELECTORAL COMMISSION, NATIONAL DEMOCRATIC CONGRESS (NDC) CIVIL MOTION NO: J8/44/2013 7^TH FEBRUARY,2013

Presidential Election Petition in the matter of a petition challenging the validity of the election of John Dramani Mahama as President of the Republic of Ghana pursuant to the Presidential Election held on 7^th and 8^th December, 2012. - Article 64 of the Constitution, 1992; Section 5 of the Presidential Election Act, 1992 (PNDCL 285); and Rule 68 and 68A of the - Supreme Court (Amendment) Rules 2012, C.I. 74 – Whether or not there was over-voting and voting without biometric verification - Whether or not there was absence of the signature of a presiding officer - Whether or not there was duplicate serial numbers i.e. occurrence of the same serial number on pink sheets for two different polling stations - Whether or not there was duplicate polling station codes, i.e. occurrence of different results/pink sheets for polling stations with the same polling station codes - Whether or not there was unknown polling stations i.e. results recorded for polling stations which are not part of the list of 26,002 polling stations provided by the 2^nd respondent for the election - Article 49 of the 1992 constitution - Whether or not John Dramani Mahama, the 1^st respondent herein, was not validly elected president of the Republic of Ghana - Whether or not Nana Addo Dankwa Akufo-Addo , the 1^st petitioner herein, rather was validly elected President of the Republic of Ghana - NANA ADDO DANKWA AKUFO-ADDO,DR. MAHAMUDU BAWUMIA JAKE OTANKA OBETSEBI-LAMPTEY            AND JOHN DRAMANI MAHAMA THE ELECTORAL COMMISSION NATIONAL DEMOCRATIC CONGRESS (NDC) WRIT No. J1/6/2013  29^TH AUGUST, 2013

Properties - Ownership - Setting aside  - Whether or not the ownership of the disputed properties described had already been determined by a court of competent jurisdiction - Whether Defendants did not even know each other and could not have entered into any agreement over the disputed properties - ROULA ZRAIK(SUING AS THE MAJORITY SHAREHOLDER  IN CREAM TIMBER MOULDING  COMPANY LTD /RES.)  VRS TRANSLAS LIMITED HUSSEIN ZRAIK  MILLICENT APPAH CIVIL APPEAL  NO. J4/13/2017  10^TH MAY, 2017

Property -  Acquision of land - , Leasehold -  Ownership - Whether or not the property in dispute was acquired by E B Asante for and on behalf of Asante Chemical - Whether or not plaintiff was the successor of Asante Chemical Store and therefore owner of the property - Whether or not was there any sale by E B Asante of the leasehold property - TENASSA PHAMARCUTICAL &  TRADING CO. LTD  VRS ISSAKA KOANDA      CIVIL APPEAL No. J4/61/201319TH MARCH, 2014

Property -  Recovery of possession - Injunction - Whether the Asanawoma-Okrah-Ehuren Kona family existed and owned property in Mankessim - Whether admission of documents without objection did relieved  judge of his duty to evaluate the entire evidence on record - EBUSUAPANYIN JAMES BOYE FERGUSON(SUBST. BY AFUA AMERLEY)  VRS I. K. IMBEAH.    V. A. ARMAH,YAW MENSAH  CIVIL  APPEAL NO. J4/61/2017 11^TH JULY,2018 

Property - 1992 Constitution - Article 132 - Order for prohibition -  likelihood of bias - order setting aside the default judgment  - Whether or not the demolition of  two storey buildings at Ofankor/Kplangonnno  wasis unlawful - THE REPUBLIC VRS HIGH COURT , ACCRA EX PARTE; DAN  ASHIE  KOTEY, A.  G.  BOADU CIVIL MOTION NO: J5/9/2015 18^TH MARCH, 2015

Property – Agreement to purchase - Registering the property - Intended registration publications - Sale transaction failed - Termination of the contract - Refund of rents - Whether or not the sale was mutually abrogated - Whether or not the defendant gave title to the plaintiff - Whether or not the defendant is entitled to interest, damages and costs - Whether or not the contract between the parties did not provide for payment of interest - KAMA HEALTH SERVICES LIMITED VRS. UNILEVER GHANA LIMITED CIVIL APPEAL. No J4/24/2013 19^TH JULY, 2013

Property - Concubinage relationship -  Breach of Promise to marry - Damages - Recovery of possession of  house - substantial contribution.- Whether or not the appellant was a licensee of a sort - Whether or not concubine with the consent of the woman’s parents, can be translated into a valid customary marriage - MARIAN OBENG MINTAH  VRS FRANCIS AMPENYIN CIVIL APPEAL  NO.J4/18/2013   25^TH MARCH 2015      

Property - Contact - Sale - Agreement - Purchase - Specific performance - Whether the Court of Appeal wrongly granted immunity to defendant to breach a tenancy agreement which had no attesting witnesses and date of execution - THERESAH HALIGAH VRS DUKE BANSO CIVIL APPEAL NO. J4/ 37/ 2016   31^ST JANUARY, 2018

Property - Declaration of title  - Perpetual injunction -  Whether a valid lease duly executed between the President of the Republic of Ghana in trust for the Golden Stool and the Kumasi state can be used as evidence of ownership of property -Whether the said property was legitimately vested in the late Kwasi Boateng - Whether Court of Appeal rightly captured the principles which regulate the right of an appellate court to interfere with findings of fact made by a trial judge - OPANIN NANTWI ABABIO, FRANCIS MANU BOATENG PASTOR NANA ADUSEI   CIVIL APPEAL NO. J4/ 19/ 2014  14^TH MARCH, 2018

Property - declaration of title - Recovery of possession and eviction - Whether or not the Respondent was a student at Accra Polytechnic at the time he joined the appellant in his business - Whether or not it was the appellant who persuaded the respondent to stop his schooling so as to assist him in his business - Whether or not the parties established a joint business -  Whether or not the respondent contributed substantially towards the establishment of the joint business - Whether in the circumstances, respondent is entitled to half share of the profits from the business and the properties acquired - EMMANUEL OSEI AMOAKO VRS STANDFORD EDWARD OSEI  (SUBST. BY BRIDGET OSEI LARTEY & KOFI ASARE CIVIL APPEAL NO.J4/3/20161^ST   JUNE 2016     

Property - Joint ownership – Agreement - Contract of sale - Recovery of property. Credibility of evidence – Whether or not the said sale was null and void - Whether or not the said property is jointly owned by both plaintiff and the 1^st defendant - MADAM AKOSUA SOSU VRS KWAME KLUTSE, WILLIAM ONENAKU NTOW CIVIL APPEAL NO. J4/37/2012   13^TH NOVEMBER, 2014 

Property - Land - Ownership - locus in quo - Whether or not the learned trial judge appeared to have acted upon impressions gathered by him at the inspection of the locus - CELESTINE KUAGBENU   VRS. CECILIA SPENCER CIVIL APPEAL   NO. J4/58/2013  3^RD  JUNE, 2015

Property - Matrimonial home – Ownership – Right to possession - Claim for the eviction - Evidence - Credibility of witness -  Receipts - Claim and counterclaim for declaration of title  - Whether or not the judgment of the Court of Appeal is against the weight of the evidence on record - Whether or not the the findings are based on a wrong proposition of law - MRS. ELIZABETH OSEI  SUBSTITUTED BY PORTIA GILARD  VRS MADAM ALICE EFUA KORANG  CIVIL APPEAL No.  J4/27/ 2012  20^TH FEBRUARY, 2013

Property - Ownership -  Declaration of title - Recovery of possession - Illiterates’ Protection Act, 1912 (Cap 262) -  Jurat  -  Interpretation clause, - of the Evidence Act, section 13 (1) - Whether purchase of the property was fraudulent- Whether 1^st Respondent is the new owner of the property after she duly purchased same from their father during his lifetime - Whether their late father executed the transaction and t was in his right frame of mind when he executed the deed of assignment - whether an illiterate person can  fully understand and appreciated that the transaction he entered into was for the sale of the subject matter in dispute herein - SODZEDO AKUTEYE, AGNES AKUTEYE , AFI AKUTEYE   VRS ADJOA NYAKOAH, TETTEH AKUTEYE, EBENEZER AKUTEYE    CIVIL  APPEAL NO. J4/58/2017 23^RD  MAY, 2018

Property - Ownership -  Recovery of possession - Whether property in dispute belong to Kwabena Apenteng. -Whether the property was acquired by her late husband of plaintiff-- Whether or not an indenture executed in the name of Kwabena Apenteng without more, is not sufficient proof that he owned the property in dispute.- Whether by computing time for adverse possession to commence, did Kwabena Apenteng forfeited any interest he had in the property as the statutory period of 12 years has long lapsed.- Whether resulting trust was created with Kwabena Appenteng being the legal owner and Rexford Aye Darko the beneficial owner of  the said House  - KWAME OFEI VRS MRS JANET DARKO THE TRUSTEES OF REXFORD AYE DARKO OKOFOH ESTATES LTD CIVIL APPEAL NO. J4/22/2017 31^ST JANUARY, 2018

Property - Ownership - Declaration of title -  Whether Kofi Amponsah in his lifetime bought the house in dispute - Whethe a portion of the house was rather pledged to Kofi Amponsah - Whether or not the plaintiffs are entitled to the reliefs being sought - Whether or not the defendants are entitled to this counterclaim - AKUA NSOWAA , AKOSUA AMPONSAH  AND ON BEHALF OF ATTA KWADWO AND ATAA ADWOA KWAKU NSIAH, CUSTOMARY SUCCESSOR OF THE LATE KOFI AMPONSAH AND \KWADWO TIWAA VRS TOAYIRI BAMBA HAJIA MAMAA  CIVIL APPEALNO:J4/11/2016  26^TH JANUARY, 2017

Property - Ownership - Declaration of title - whether the decision of the Court of Appeal in upholding the plaintiff’s writ was in accordance with the settled practice of the court a - whether there were legitimate grounds for the Court of Appeal to reverse the decision of the trial court - ALHAJI MUMUNI   VRS AKUA SERWAA NYAMEKYE YAA TENEWAA  LANDS COMMISSION, KUMASI, REGISTRAR, LANDS COMMISSION, KUMASI EXECUTIVE SECRETARY, LANDS COMMISSION, ACCRA CIVIL APPEALNO. J4/1/2015 6^THAPRIL, 2017

Property - Ownership - Deed of gift - An order conferring common ownership of the property in dispute on all the surviving children - Whether the deed of gift was genuine or not - Whether the defendant is estopped by laches and acquiescence from claiming sole ownership of the house. - Whether the house was shared and they took their parts and possessed same as of right.- MARY TSOTSO LARYEA, EMMA LARYEA, VERONICA LARYEA ,JULIANA LARYEA, GRACE LARYEA  VRS AMARKAI LARYEA CIVIL APPEAL NO. J4/36/2016  7^TH JUNE, 2018

Property - Ownership - Possession of - Auction sale - Validity - Writ of Fi.fa - Attachment of the property. - Terms of settlement - Whether there were breaches of the auction laws or not - Whether or not the judgment debtor had no title to the property - Whether the whole exercise was void and illegal and in law - PARTNERS  HEALTH SERVICES VRS BIKKIA  LIMITED, MOSES  ANTWI, DANGSCHAFT   GMBH, DEPUTY SHERIFF, HIGH COURT ACCRA CIVIL APPEAL No. J4/48/2015  27^TH APRIL 2016 

Property - Ownership - Rebuttable presumption - Trust - Gift - Article 11(1)(e) and  (2)of the 1992 Constitution - Sections 20 and 21 of the Evidence Act, NRCD 323 - Whether silence might be construed to be an admission of the ownership rights - HANNAH KWARTENG (SUBSTITUTED BY KWADWO OPPONG)  VRS ADWOA TIWAA,ADWOA FOSUAA(SUBSTITUTED BY DIANA MENSAH)  CIVIL APPEAL NO. J4/01/2017 14TH NOVEMBER, 2017   

Property - Ownership - Recovery of possession - Res Judicata - Whether or not Richard Peprah was the rightful owner of the disputed land - Whether the plaintiff is entitled to all or any of the reliefs claimed in this case - Whether or not there was an issue of resulting trust. - VERONICA OPOKU(SUING PER HER LAWFUL ATTORNEY MS. DOROTHY POKU)    VRS MARY LARTEY  CIVIL APPEAL NO. J4/14/2016 24^TH JANUARY, 2018

Property - Ownership - Sub-lessee - Impersonation - Whether or not Plaintiff is owner in possession of the House - Whether or not the defendant/ respondent/ respondent was the same as Kwame Adu Bobi and to that extent the owner of the disputed property. Whether it is illegal for any person to acquire property in his native name. - KOFI SARPONG (DECEASED) SUBSTITUTED BY NANA KWASI KODUAH   VRS FRANKLIN ADUBOBI JANTUAH CIVIL  APPEAL NO. J4/ 15/ 2015    17^TH  FEBRUARY 2016

Property – Sale of House – Conveyance – Letters of administration - Revocation - Fraud - Setting aside the Sale – Record of proceedings - Whether or not the Court of Appeal failed to resolve completely all matters raised in the appeal – Whether or not portions of the evidence adduced at the trial court were either not recorded or if recorded, was not included in the record of appeal -  whether or not evidence should be taken over again  - Article 19 (13) - Constitution 1992 - on rule 23 (3)  - Supreme Court Rules  CI 16 –   KWABENA OFORI ODURO, MARY ODURO, AGNES ODURO VRS. ISAAC KWASI OWUSU (SUBSTITUTED BY ADU BAFFOUR CIVIL APPEAL NO. J4/22/2013     23^RD DECEMBER, 2014     

Property - Stay of execution pending appeal - Refusal of the grant – Whether or not the Court of Appeal decision as erroneous - Whether or not the decision occasioned a miscarriage of justice - DR. LAWRENCE BOAKYE VRS. YAW BOAKYE CIVIL MOTION No. J8/51/2013 30^TH   APRIL,2014

Review -  Powers of other courts established under the Constitution 1992 - Article 133 -  section 6  - section 2 (4) - Courts Act, 1993, Act 459 - Rules 54 - 60 -  Supreme Court Rules C.I. 16 – Whether the defendant had denied the plaintiff’s title -  Whether the defendant should be relieved against forfeiture  - Whether evidence was adduced on the record on the issue  - Whether or not there is there is no legal basis for the present application - Whether or not the legal points raised in the application have been dealt with already in the judgment of the Supreme Court - CHARLES LAWRENCE QUIST VRS AHMED DANAWI REVIEW  MOTION NO. J7/8/20155^TH  NOVEMBER, 2015

Review - 1992 Constitution -  Article 134 (b) – Decision of a single Judge - special circumstances - Notice of sale by Auction – Stay of Execution – Whether or not there was a special circumstances to warrant a variation of the orders made by the single Judge - Whether or not leave was obtained by the judgment creditors - Whether or not the Applicants were not the highest bidders at the auction.- KMK LTD,KWABENA ADUTWUM, SELINA OWUSU VRS AGRICULTURAL DEVELOPMENT BANK  LTD KUMESH (GH) LTD  AND AGRICULTURAL DEVELOPMENT BANK  LTD VRS , K.M.K LTD, KWABENA ADUTWUM  , SELINA OWUSU SINGLE JUDGE REVIEW MOTION NO. J7/11/2014 29^TH MAY 2014

Review - Article 134 (b) – Constitution 1992 –  Fi:Fa – Fraud - Execution - Public auction - Whether or not  a single Judge of the Supreme Court may exercise power vested in the Supreme Court not involving the decision of the cause or matter before the Supreme Court - Whether or not in civil matters, any order, direction or decision made or given under  this article may be varied, discharged or reversed by the Supreme  Court, constituted by three Justices of the Supreme Court  - Whether or not the Court erred in not giving adequate consideration to the plight of the Applicant - Whether or not the Court erred in ignoring the fatal error committed by the Registrar of the High Court in issuing certificate of purchase even though there was a motion pending challenging the auction sale - Whether or not the review application does disclose any exceptional circumstances to warrant the review of the decision by the single Judge - MASS PROJECTS LIMITED VRS STANDARD CHARTERED BANK YOO MART LIMITED REVIEW MOTION No. J7/4/2014 18^TH DECEMBER 2013

Review – Constitutional law – Interpretation - Capacity  - Estoppel by judgment  - Rules 69(C) (5) and 71(b) - Supreme Court (amendment) Rules, 2012   CI 74 – Whether or not the power of review was unaffected by the amendment to the Supreme Court Rules - Whether or not the instrument went outside the limit allowed by purporting to authorise sessions of the court on public holidays - Whether or not a person who is not a party to a decision of the court can seek a review - Rule 54 - Supreme Court Rules, CI 16 - Article 157 sub-clause (2) - Constitution 1992 - Rules of Court Committee - BERNARD ANBATAAYELA MORNAH  VRS THE ATTORNEY-GENERAL ABU RAMADAN REVIEW  MOTION No. J7/20/ 201331^ST  OCTOBER, 2013   

Review - Emploment - Special Pension Scheme – Payment of pension benefits - Section 24 - Social Security Act, NRCD 127 - section 24 -  Limitation Decree - in rule 54 (a) -  Supreme Court Rules, 1996 CI 16 - Breach of a term of contract of employment – Whether or not there existence of  an exceptional circumstances which have resulted in a miscarriage of justice – Whether or not there has been any miscarriage of justice to warrant a review - EMMANUEL C. PLANGE & 437 ORS VERSUS GHANA COMMERCIAL BANK LTD. AND BENJAMIN A. BOATENG & 72 ORS VERSUS GHANA COMMERCIAL BANK LTD CONSOLIDATED REVIEW MOTION NO.J7/15/2014 17^TH  DECEMBER 2014

Review - Freezing of accounts - Interim injunction - Rule 54 (a) - Writ of Fi Fa  - Supreme Court Rules CI 16 - Article 133 (1) - Constitution 1992 – Whether or not a statement of claim can cured a writ which does not disclosed no cause of action or claim - Whether or not there are exceptional circumstances which if unredressed would perpetuate a miscarriage of justice - Whether or not the ordinary bench did consider the issues subject of complaint and a demonstration - Order 23 rule 6 - High Court (Civil Procedure) Rules, CI 47 - AXEX  COMPANY LIMITED  VRS KWAME OPOKU SYLOP COMPANY LIMITED UNIQUE COMPANY LIMITED REVIEW MOTION. No. J7/7/2012 5^TH  MARCH,2013

Review - Interpretation – Article - 181(3) and section 7 of the Loans Act  (ACT 335 - Article 181 (5) Article 133 (1)  - Article 181 (5)  - Article 2(2) -1992 Constitution - Rule 54 - Supreme Court Rules 1996 (C.I 16) – Whether or not there are compelling and exceptional circumstances which have resulted in a grave miscarriage of justice necessitating a review – Whether or not there was a breach of agreement - MARTIN ALAMISI AMIDU VRS THE ATTORNEY GENERAL ISOFOTON S. A   ANANE- AGYEI FORSON REVIEW MOTION No. J7/11/2013 4^TH DECEMBER 2014

Review - Judicial review - Certiorari - Order of contempt of court - Whether or not the orders made by the learned trial judge was beyond the authorized sanctions - Whether the  orders made were without jurisdiction - THE REPUBLIC VRS HIGH  COURT ACCRA EXPARTE:- ROSEMARY ASIEDU EUGENE KWAKU QUAYSON  CATHERINE  PANYIN QUAYSON  CIVIL MOTION  No.J5/21/2015 17^TH JUNE  2015

Review - Jurisdiction - 1992 Constitution  - Article 296 (a) - Rule 54 (a) of C. I. 16  Matrimonial causes  - Dissolution of Marriage - Grant of custody -  Access to the children - maintenance of  children - Acquisition of that property - Ownership of the matrimonial home - Granted ownership of all the equipment  - Whether or not Respondent did not make any contribution to the acquisition of that property - whether there was any evidence before it to the effect that the storey building at Weija  was jointly acquired - PATIENCE ARTHUR VRS MOSES ARTHUR REVIEW MOTION NO  J7/3/2014   4^TH FEBRUARY 2014

Review – Jurisdiction - Interlocutory appeal  - Article 134(b) - Rule 76 - Supreme Court Rules, CI 16 – 1992 Constitution – Evidence - Application for leave to adduce further evidence – Whether or not the matter a seeks to interfer with the order of the court presided over by a single Justice - Whether or not in reaching his decision, the learned justice acted in accordance with settled principles – REV. ROCHER DE-GRAFT SEFA, ERNEST KWASI NYAME ASIEDU VRS. BANK OF GHANA AND SAMUEL GYAMFI VRS. BANK OF GHANA SINGLE JUDGE REVIEW MOTION NO. J7/22/201418^TH DECEMBER 204

Review – Labour - Contract -  Casual workers,  - Statute barred - Supreme Court - Exceptional circumstances -Article 133(1) of the 1992 Constitution - rule 54 -  Supreme Court Rules, 1996 (CI16) -  section 2 - State Proceedings Act, 1998 (Act 555). – Whether or not there are exceptional circumstances warranting a review of the judgment of the ordinary – Whether or not an agent of the Government or the Republic, could be treated differently in respect of its liability in contract, separate and distinct from any private citizen of this country, - SAMUEL BONNEY& 4,174 OTHERS  VRSGHANA PORTS AND HARBOURS  AUTHORITY  REVIEW   MOTION NO.J7/8/2014  29^TH  MAY 2014

Review - Out of time - Extension of time - Vexatious litigation and Abuse of process - Rule 79  - Supreme Court Rules, 1996 (C.I.16) – Whether one can apply to relist same. If application was withdrawn and was not dismissed on merit - ATAA ASHIE NIKOI VRS CHARLES QUIST CIVIL MOTION NO.J8/97/2014   14^TH NOVEMBER 2014

Review – Review jurisdiction - Interpretation and enforcement of Article 20(5) & (6) - Article 133(1) -1992 Constitution - State or public property - Public interest - Exercise of due diligence - Exceptional circumstances which have resulted in miscarriage of justice – Whether or not there is a right of appeal against a judgment of the Supreme Court, even if it is erroneous - Rule 54(a) - Supreme Court Rules 1996 (CI 16) - MR. SAMUEL OKUDZETO ABLAKWA DR. EDWARD KOFI OMANE BOAMAH VRS THE ATTORNEY-GENERAL HON. JAKE OTANKA OBETSEBI-LAMPTEY REVIEW MOTION No. J7 / 5 / 2012 23^RD JANUARY,2013

Review - Review jurisdiction- Interpretation - Presidential Election petitions - Articles 133, 157, 93(2) Article 133(1) and 11 - 1992 Constitution - Rule 71B and a part of Rule 69C(5)  -  Supreme Court (Amendment) Rules, 2012 (C.I.74) - Rules of Court Committee  - Article 64(3) - Presidential Election petition - section 15  - Interpretation Act, 2009 (Act 792) - Whether or not the Rules of Court Committee can enact legislation that prohibits the Supreme Court and for that matter any other court from observing a statutory public holiday - BERNARD ANBATAAYELA MORNAH VRS THE ATTORNEY- GENERAL            WRIT  No.  J1/7/ 2013  30^TH APRIL, 2013   

Review – Single judge- Review of decision of single justice – Interpretation - Article 134 (b) - 1992 Constitution - Supreme Court (Amendment) Rules, 2016 C. I 98 - Rule 73 – Rule 54 - Supreme Court Rules, 1996 C. I. 16 - Interpleader - High Court (Civil Procedure Rules) 2004, C. I. 47 - Order 48 of. C.I. 47 – Whether or not the continued hearing of the interpleader suit by the Supreme Court infringes on the rights of the parties – Whether or not a single judge has no jurisdiction to preside over the enforcement/execution proceedings of the Supreme Court decision - MARTIN ALAMISI AMIDU VRS THE ATTORNEY-GENERAL, WATERVILLE HOLDINGS (BVI) LTD.   ALFRED AGBESI WOYOME AND U.T. BANK LIMITED (UNDER RECEIVERSHIP) CIVIL MOTION NO. J7/05/2019 27TH MARCH, 2019

Review – to Article 133 of the constitution and Rule 54 of the Supreme Court Rules, (C. I. 16) – Award of interest – interest rate - Contract – Special damages - Whether or not the trade did not conform to the rules of the Exchange – Whether or not there was no payment and delivery as share certificates were not effected as at 11 am on the third day - DANIEL OFORI  VRS ECOBANK GHANA LIMITED, SECURITIES AND EXCHANGE COMMISSION, GHANA STOCK EXCHANGE CIVIL MOTION NO. J7/22/2018  27^TH FEBRUARY, 2019

Review – Will – Requirements of the law - Leave of Court - Supplementary affidavit -  Jurat – Exercise of due diligence - Protection Ordinance, 1912 (Cap. 262),- Whether or not the writer of the document was required to state his full name and address at the foot of the document – Whether or not the application is an attempt to introduce new issues that can only be determined by the taking of evidence -Whether or not for an application for review the honourable court is disabled from taking evidence -  rule 57, 59 and 79  - Supreme Court Rules, 1996, (C.I. 16) - Article 129(4) - 1992 Constitution - NORA OTOO EMMANUEL OTOO FELIX NORTEY OTOO VRS. REUBEN RICHARD OTOO, OTOO, RUDOLPH  OTOO, FRANCIS  OTOO, NARTEY   OTOO CIVIL MOTION  NO.J8/13/2015   4^TH DECEMBER 2014

Review -Judicial review – Certiorari - Letters of administration – Order of revocation - Wills –Probate – Caveat – Whether or not there was a breach of the right to be heard before a determination is made against a person -  THE REPUBLIC VRS HIGH COURT, ACCRA EXPARTE: MIREILLI HITTI  GEORGE JAMIL MOUGANIE CAROLINE AKL ALWAN ROBERT HITTI CIVIL MOTION NO. J5/63/2018 17^TH JANUARY, 2019    

Review  - article 133 (1) & (2) - Constitution 1992  - Rules 54-60 - Supreme Court Rules, 1996, C. I. 16. – A true and proper interpretation of Articles 181 (3), (4), (5), and (6) of the 1992 Constitution - Whether the reliefs which this court did not grant resulted into a patently wrong decision – Whether or not the refusal of the grant  occasioned a grave miscarriage of justice to the Applicant and the pubic interest under the Constitution, 1992 – Whether or not the  agreement entitled “Contract for the Rehabilitation is an international business or economic transaction under Article 181 (5) of the 1992 Constitution that could only have become operative and binding on the Government of Ghana after being laid before and approved by Parliament. - MARTIN ALAMISI  AMIDU  VRS THE ATTORNEY GENERAL WATERVILLE HOLDINGS (BVI) LTD  ALFRED AGBESI WOYOME REVIEW MOTION  No. J7/10/2013  29^TH JULY, 2014

s - Certiorari – Stay of execution – Whether or not  as long as there was no appeal pending against the court’s decision, an application for a stay of execution could not lie - Whether or not  Applicant’s constitutional rights  have been violated - Whether or not  there were fundamental errors which go to jurisdiction of the High Court - Article 129(4) - 1992 Constitution - THE REPUBLIC VRS. THE HIGH COURT (COM. DIV.) KUMASI EX PARTE: FIRST ATLANTIC BANK LIMITED AGYEI BAFFOUR AND SONS LTD, BAFFOUR YAW AGYEI, JAMES KWAKU OPPONG CIVIL MOTION NO.J8/9/2015 19^TH DECEMBER 2014

Sale of Goods - Sale of Goods Act, 1962, (Act 137) - Contract of sales - Pro forma invoice - Sections. 8(1) and 13(1) (b) – Whether or not Plaintiff failed to supply the goods they contracted to supply – Whether or not there was a breach of  contract - ANDREAS BSCHOR GMBH & CO. KG VRS  BIRIM WOOD COMPLEX LTD, BIRIM  TIMBERS  LTD  CIVIL APPEAL: NO.J4/9/2015     22^ND MARCH 2016

Stay of Execution - General damages - Unlawful detention of his vehicle - Loss of use on the two vehicles - Ownership. of vehicles - Whether or not Plaintiff  suffered serious loss and injury as a result of the   conduct of the Defendant - ALEX ADU VRS THE COMMISSIONER- GENERAL GHANA REVENUE AUTHORITY CIVIL APPEAL No.J4/21/201410^TH APRIL 2014

Stool land - 1992 constitution  - Application under Article 131(2) - Special leave -  Whether or not the two elders had capacity  -  RICHARD APPIAH-NKYI VRS NANA ACHINA NUAMAH) V (ASSUOWINHENE (FOR AND ON BEHALF OF ASSUOWIN STOOL) CIVIL MOTION NO. J8/132/2016 27^TH OCTOBER 2016

Stool Lands - Boundaries - Stool Lands Boundaries Settlement (Repeal) Act, 2000 (Act 587) - article 139(1)(c) of the 1992 Constitution - Exact boundaries handed down through oral tradition faded - whether Chief Justice in exercise of his powers under article the 1992 Constitution, requested Justice J. A. Osei “as an Additional High Court judge to sit and complete all cases and proceedings pending eight months after the coming into force” of Act 587.- ABADWUM STOOL,  EDUBIASE STOOL, BENKUM & ADONTEN STOOLS  VRS AKROKERRI STOOL  CIVIL APPEAL   NO. J4/28/2016   31^ST MAY, 2017

Stool lands - Joinder - Fraud - Out of time without leave - Solicitor’s License - Section 8(1) of the Legal Profession Act, 1960 (Act 32) – Whether filing  was filed out of time – Whether  to seek leave of the court to file additional grounds of appeal at the Court of Appeal. - NANA AMPOFO KYEI BARFOUR (SUING PER HIS LAWFUL ATTORNEY NANAANTWI FOSUHENE 1, ASAWASEHENE  ASEM KYIDOMHENE OF ASEM PALACE, KUMASI)  VRS JUSTMOH CONTRUCTION CO. LTD.,   DESPITE COMPANY LIMITED, YAA SERWAA, EGGS SELLERS ASSOCIATION LTD.    GHANA RAILWAY DEVELOPMENT  AUTHORITY  CIVIL APPEAL   NO. J4/51/2016 14^TH JUNE, 2017 

Stool Lands - Stool Lands Boundaries Settlement Commissioner - Common Boundary -Stool Lands Boundaries Settlement Decree 1973 (NRCD 172) - PITIKO – KWAHU STOOL  VRS ABETIFI – KWAHU STOOL CIVIL APPEAL NO. J4/38/2011 29^TH NOVEMBER, 2017

Stool Lands  - Compulsorily acquired land - Article 267(2) of the 1992 Constitution- whether the compensation payable should be made under article 267 into the Stool Lands Account or to be paid directly to the stools concerned. -  Whether tha article 267(2) of the 1992 Constitution did not apply to compensation for stool lands compulsorily acquired by the State - MATHIAS KOFI BOATENG    VRS ATTORNEY GENERAL  LANDS COMMISSION  OFFICE OF THE ADMINISTRATOR OF STOOL LANDS WRIT NO. J1/28/2015  8TH NOVEMBER, 2017

Succession - Self-acquired property  - Ownership - Recovery of possession- Intestate Succession Law, 1985, PNDCL 111 - Documentary evidence -  Whether or not the property is the self-acquired property of the late Opanin Yaw Manu or that of his extended family. - whether the Court of Appeal was justified in interfering with the trial court’s findings of fact and conclusion - OFORI AGYEKUM (FOR HIMSELF &  ON BEHALF OF HIS BROTHERS & SISTERS OF MAMPONG ASHANTI) VRS MADAM AKUA  BIO (Dec’d) SUBST. BY AGARTHA AMOAH (CUSTOMARY SUCCESSOR OF AKUA BIO (Dec’d) MAMPONTENG ASHANTI ) CIVIL APPAL NO J4/59/2014

Supreme - Invoking  the supervisory jurisdiction - Certiorari - Whether the High Court (Commercial Division), wrongful assumed jurisdiction - Disqualification of candidates - THE REPUBLIC VRS HIGH COURT, (COMMERCIAL DIVISION EX-PARTE) ELECTORAL COMMISSION PAPA KWESI NDUOM  CIVIL MOTION NO. J5/7/2017 7^TH  NOVEMBER 2016

Supreme Court - Certiorari - invoking the supervisory jurisdiction of - Section 15(1) - State Proceedings Act, 1998 (Act 555) – Whether or not the High Court has jurisdiction to attach public funds in satisfaction of a judgment debt - Whether or not the High Court  can order or directed the Governor of the Bank of Ghana to release funds held in the name of a public institution - Articles 177 and 178 - 1992 Constitution - Order 43 -  High Court (Civil Procedure) Rules, 2004 (CI 47) - THE REPUBLIC VRS HIGH COURT (LAND DIV.), ACCRA EXPARTE; ATTORNEY GENERAL, SWEATERS & SOCKS FACTORY LTD, HABIB GEORGE BEANY CIVIL MOTION No. J5/6/ 2013 20^TH FEBRUARY, 2013        

Supreme Court - Invoking the  supervisory jurisdiction - Anti-money Laundering Amendment Act, 2014 (Act 874) Freezing of Accounts - Jurisdiction  - Whether or not interested party can freeze an accounts of a company for more than one year - Whether or not High Court exceeded its jurisdiction when it dismissed the application for a defreeze of accounts and release of funds when the statutory period of 12 months had long lapsed - Whether or not investigation of allegation of fraud, which is criminal in nature, is not affected by the effluxion of time.- Whether or not interested party and the learned judge can relie on the affidavit in the motion struck out in the repeated motion to refuse the application - THE REPUBLIC  VRS HIGH COURT (FINANCIAL DIVISION) ACCRA  EX-PARTE : XENON INVESTMENT CO. LTD FINANCIAL INTELLIGENCE  CENTRECIVIL MOTION NO. J5/ 46/ 2015   22^ND  MARCH 2016 

Supreme Court - Maritime Law - International Law - Conflict of laws ­- Ghanaian Municipal Law - Law of the Sea  - Waiver of sovereign immunity - Estoppel - Rem judicata - Whether or not a foreign judgment can give rise to issue estoppel Invoking the supervisory jurisdiction of the Supreme Court  - Whether the proceedings before them were “proceedings relating  to a commercial transaction  - Whether Ghanaian courts should give effect to Argentina’s waiver of state immunity - Whether Argentina was prevented from claiming state immunity  - Article 75 ,Articles 88(6) and 132 of the 1992 constitution - rule 61 of the Supreme Court Rules, 1996 (C.I.16) - Certiorari and prohibition to enable the Republic to comply with the orders of the International Tribunal on the Law of the Sea – Whether or not  this court or any other court of Ghana is obliged to enforce the orders of the Tribunal - Whether or not  orders of the Tribunal given subsequent to the orders and ruling of the High Court cannot be a valid basis for the grant of certiorari - Whether or not  the United Nations Convention on the Law of the Sea (“UNCLOS”) is incorporated into Ghanaian law by virtue of Article 40, 73, and 75 of the 1992 Constitution – Whether or not the Defendant/Applicant has waived its immunity to the jurisdiction of the U.K High Court - THE REPUBLIC VRS. HIGH COURT (COMM. DIV.) ACCRA EX PARTE; ATTORNEY GENERAL   NML CAPITAL LTD THE REPUBLIC OF ARGENTINA   CIVIL MOTION No.J5/10/2013 20^TH JUNE, 2013

Supreme Court - Original Jurisdiction – Interpretation -  Stay the proceedings – Impeacment of a Superior Court Judge - Article 130 (1) (a) – Art. 146 (5), - 1992 constitution – Judicial Council - Whether or not in the exercise of her constitutional powers under Article 146(3) of the 1992 constitution; Her Ladyship the Chief Justice could delegate her administrative powers - Whether or not the use of the proceedings before the Committees as basis for impeachment proceedings against the plaintiff under Article 146 of 1992 constitution was unconstitutional - Whether or not the Judicial Council established under Article 153 and 154 of the 1992 constitution has the constitutional mandate to forward a petition to His Excellency the president of Ghana for the impeachment of a superior court Judge of Ghana - JUSTICE KWAME ANSU-GYEABOUR VRS THE ATTORNEY GENERAL    REFERENCE NO. J6/1/2012 31^ST JANUARY, 2013

Supreme Court – Practice and Procedure - Joinder – Election Petition - Article 55(3) - Article 55 clauses 1, 2 and 3 - Article 63(9)  - 1992 Constitution – Whether or not the application is contended that the application was incompetent. - Whether or not the t application was not properly before the Court - Rule 45(4) - Supreme Court Rules CI.16 - NANA ADDO DANKWA AKUFO-ADDO, DR. MAHAMUDU BAWUMIA, JAKE OBETSEBI-LAMPTEY VRS, JOHN DRAMANI MAHAMA, THE ELECTORAL COMMISSION, NATIONAL DEMOCRATIC CONGRESS CIVIL MOTION No. J8/31/ 2013 22^ND JANUARY, 2013     

Supreme Court-, invoked the original jurisdiction of - Articles 2(1)(b) and 130(1) of the 1992 Constitution and Rule 45 of the Supreme Court Rules, 1996 (CI 16) -  Aliens Act, 1963 (Act 160) - Whether , the President of the Republic of Ghana acted unconstitutionally in his failure to obtain the requisite ratification by an Act of Parliament - Whether the two persons who are suspected terrorists and their settlement in Ghana, pursuant to the said agreement, ts unconstitutionality - Whether the agreement under which the said persons were settled in Ghana is not of the type of agreement contemplated by Article 75 - MRS. MARGARET BANFUL, HENRY NANA BOAKYE  VRS THE ATTORNEY GENERAL, THE MINISTRY OF INTERIOR  WRIT NO. J1/7/2016  22^ND JUNE, 2017

Wills - Challenging validity of will - Forgery - Whether or not the signature on the will is that of the testator - Whether or not the Probate application was not properly procured - MARY OKAILEY  WELBECK    VRS SIMON TACKIE WELBECK  CIVIL  APPEAL   NO.J4/45/2014    17^TH JUNE 2015

Wills - Executors - 1992 Constitution - article 134 (b) - single Justice of the Supreme Court – whether or not the application by Respondent for the Order of Substitution was improper - whether or not causes of action in divorce matters do not survive parties to the petition - whether or not settlement of the immovable properties and payments of monies to the respondent intact after the death of Petitioner - whether or not substitution of a deceased petitioner for the applicants herein ought to have been     made on notice - whether or not there is no valid appeal against the trial High Court’s judgment pending anywhere - BENJAMIN AMPONSAH MENSAH (SUBSTITUTED BY BERNARD MENSAH AND BARBARA MENSAH) VRS MARGARET ANN MENSAH SINGLE JUDGE REVIEW MOTION   No: J7/7/2014 16^TH APRIL 2014  

Wills - Executors - Died intestate - Challenging validity of will - Forgery - Untruthful witness -  whether or not the will was properly executed by the testator and attested to by witnesses - whether or not  the testator was compos mentis at the time he executed the will - Whether the signature on the will was that of the testator - Wills Act, 1971, Act 360, sections 1 (2), 2(1), (3), and (5) - GUY NEE WHANG , KROWE MENSAH  VRS VANDERPUYE MANISON CIVIL APPEAL NO.J4/ 6/ 2015  17^TH JUNE  2015                                                                  

Wills - Executors - Renunciation of right to executorship - Vesting assent - Interpretation 1992 Constitution Article 22(1) - whether or not the High Court exceeded its jurisdiction by making orders for the reasonable provision  - whether the High Court purported to re-write the will of the Testator by making the orders - Whether or not it was it was proper to bring an action for reasonable provision out of the deceased’s estate against his personal representative, Whether or not such provision could be granted out of the estate even without the vesting assent - IN THE MATTER OF THE WILLS ACT, 1971, ACT 360 AND THE 1992 REPUBLICAN CONSTITUTION AND IN THE MATTER OF THE ESTATE OF GEORGE ASARE NTIM (DECEASED) AND APPLICATION FOR REASONABLE PROVISION OUT OF THE ESTATE  OF GEORGE NITIM  ( DECEASED AKUA MARFOA) VRS MARGARET AKOSUA  AGYEIWAA CIVIL APPEAL NO. J4/42/2012  9^TH NOVEMBER 2016

Wills - Executors -  Caveat – Fraud - Undue influence  - Interlocutory appeal - Fresh evidence - rule 26 (1) and (2) - Court of Appeal Rules 1997 CI 19  - whether the evidence sought to be adduced, was not in the possession of the applicant – Whether the ruling of the learned Judges of Appeal is against the public interest of Ghana because it prevents the revealing of crime. - BRENDA VERONICA WARREN, RUTH ALLEN  VRS   SAM OKUDZETOEUNICE BROOKMAN AMISSAHPROF ABLADE – GLOVER SOPHIA VANDERPUYE-ORGLE  CIVIL APPEAL  NO.J4/12/2014  30^TH  JULY 2014

Wills – Interpretation -  Joint Tenancy – Whether or not the Testator, create words of limitation in the use    of the words “Joint Tenancy” in the devises in the will he executed - The intention of the testator - Section 14 (3)  - Conveyancing Act 1973 NRCD 173 - NORA OTOO, EMMANUEL OTOO, FELIX NORTEY OTOO VRS. REUBEN OTOO RICHARD OTOO,RUDOLPH  OTOO, FRANCIS  OTOO, NARTEY  OTOO CIVIL APPEAL   NO. J4/26/2014  17^TH JULY, 2014

 Wills – Interpretation – Family property – Joint tenants. - Fraud – Misrepresention – Whether or not the Court of Appeal misdirected itself on the principle of Joint  -Tenancy - Whether the devises by the Testator in clauses 6, 7 and 8 of the Will amount to creating an estate in joint tenancy with the right of survivorship - Was the judgment of the Court of Appeal against the weight of evidence – Whether or not the devises in clauses 6 and 7 were specific devises  - NORA OTOO , EMMANUEL  OTOO , FELIX NORTEY OTOO VRS.  REUBEN OTOO, . RICHARD  OTOO, RUDOLPH  OTOO, FRANCIS  OTOO, NARTEY  OTOO CIVIL APPEAL  NO.J4/26/2014  17^TH JULY, 2014

Wills – Probate – Caveat - Expert evidence  - Lack of capacity - Expert evidence - Letters of Administration with will annexed - Whether or not the purported Will and the codicil dated 15^th July 1989, were procured by the proponent by fraud - Whether or not the purported Will  is consequently null and void – Whether or not the High Court and the Court of Appeal erred in law when they declared the Last Will of Joseph Nii Narh Ashong valid – Whether or not the judgment was against the weight of the evidence adduced at the trial - IN THE MATTER OF AN APPLICATION FOR GRANT OF LETTERS OF ADMINISTRATION WITH WILL AND CODICIL ANNEXED BY MARY QUARCOO AND NII KOJO ARMAH II AND IN THE MATTER OF ENTRY OF CAVEAT BY MRS. VICTORIA WELBECK AND AGNES ASHONG CIVIL APPEAL  NO. J4/41/2012  25^TH NOVEMBER 2015

Wills - True and proper interpretation of the provisions – Property -  Customary law - Aseda Customary successor – Head of family -  An order of Ejectment - Intestate Succession Law 1985 (PNDCL 111) – Whether or not judgment of the Court of Appeal is against the weight of evidence - Rule 6 (4) and (5) – Supreme Court Ruls (1996), CI 16 - Whether or not a Court of Law can grant a relief not specifically stated on the writ of summons or counterclaim - Whether or not a customary successor can distribute an Estate without Letters of Administration - Whether or not in the interpretation of a will, the intent of the Testator is to be gathered from the surrounding circumstances especially the content of the will - KOFI MANU VRS. AKOSUA AGYEIWAA & 3 ORS. CIVIL APPEAL. N J4/ 11/ 2012 26^TH JULY, 2013