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1992 Constitution - Article 129
(4) - Inherent jurisdiction -
Whether or not the court
has all the powers of the appeal
court- , Whether or not
the court can order a
rectification or correction of
the appeal record
HEADNOTES
By her application, the
Applicant/Appellant/Appellant/Applicant,
hereafter referred to as
Applicant is praying this court
to exercise its jurisdiction
under article 129 (4) of the
Constitution 1992 as well as
under the inherent jurisdiction
of this court for an order to
accept as part of the record for
the purpose of hearing and
determination the appeal filed
by the Applicant herein, the
judgment of the Court of Appeal
dated 27th March
2014.
HELD
It is the determination of the
appeal that has led to the
discovery of this mess in the
Court of Appeal Registry. In
order for us as the apex court
to be seen to do justice to all
persons who access justice, it
is only fair that this
Application be granted
especially as can be seen from
the depositions of the
Respondent’s in opposition to
this application, they also had
certified true copies of this 27th
March, 2014 judgment of the
Court of Appeal. It is
accordingly ordered that the
judgment dated 27th
March, 2014 be hereby accepted
as one of the judgments forming
part of the record of the appeal
before this Court for the
hearing and determination of the
appeal therein.
STATUTES REFERRED TO IN JUDGMENT
Constitution 1992
CASES REFERRED TO IN JUDGMENT
BOOKS REFERRED TO IN JUDGMENT
DELIVERING THE LEADING JUDGMENT
DOTSE JSC
COUNSEL
GODFRED YEBOAH DAME FOR
APPLICANT.
MRS. SYLVIA CUDJOE FOR
RESPONDENT
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RULING
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DOTSE JSC
By her application, the
Applicant/Appellant/Appellant/Applicant,
hereafter referred to as
Applicant is praying this court
to exercise its jurisdiction
under article 129 (4) of the
Constitution 1992 as well as
under the inherent jurisdiction
of this court for an order to
accept as part of the record for
the purpose of hearing and
determination the appeal filed
by the Applicant herein, the
judgment of the Court of Appeal
dated 27th March 2014.
The Applicant swore to a 24
paragraphed affidavit in support
of the application. The salient
facts of the said depositions
are as follows:-
1.
That at the end of her appeal
hearing against the High Court
judgment, the Court of Appeal,
Coram: Henrietta Abban J.A,
presiding, K. A. Acquaye and
Lovelace-Johnson JJA dismissed
the said appeal and indicated
that the reasons for the said
judgment would be filed at the
Registry of the Court.
2.
After several months of waiting,
they eventually were given
certified true copies of the
said judgment after really
persistent efforts.
3.
The crux of the depositions
contained in the affidavit in
support are that, there are at
the moment three certified true
copies of judgments in respect
of the same appeal at the Court
of Appeal dated as follows:-
a.
5th March 2014
b.
27th March 2014 and
c.
10th April 2014
4.
The appeal by the Applicant to
this court against the court of
Appeal judgment is the one dated
27th March 2014.
5.
The Registrar of the Court of
Appeal has failed and or refused
to include the judgment dated 27th
March 2014 in the appeal record
before this court despite the
fact that it was the judgment
against which the appeal was
lodged.
6.
That there are apparent
differences in content of the
various judgments especially
that of the 27th
March 2014 and 10th
April 2014, wherefore the
Applicant seeks an order of this
court to have the said judgment
of the 27th March
2014 also included in the record
of appeal.
By further argument in support
of the above depositions,
learned counsel for the
Applicant, Godfred Yeboah-Dame
stated that this court has power
under article 129 (4) of the
Constitution 1992 as well as
under its inherent jurisdiction
to grant the orders prayed for.
We have perused the provisions
in article 129 (4) and we are
satisfied that this court has
all the powers of the appeal
court and in that respect, we
can order a rectification or
correction of the appeal record
if the application is deserving
of a grant.
On the other hand, learned
counsel for the Respondents,
Mrs. Sylvia Cudjoe vehemently
opposed the application and
referred the court to the
affidavit in opposition sworn to
by Jacob Aryee.
The salient points in the said
depositions are as follows:-
1.
The deponent therein, stated
that no judgment was in fact
delivered on the 27th
March, 2014 as he was personally
present in court and has
attached various court
proceedings to support their
opposition.
2.
Indeed, court proceedings dated
27/11/2013, 13/2/2014, 5/3/2014
and 27/3/2014 have been attached
to the affidavit in opposition
to indicate forcefully that no
judgment was indeed delivered on
the 27 /3/2014.
3.
That the judgment dated 5/3/2014
was revoked by that of 10/4/2014
because it was composed of an
irregular panel which did not
hear the matter.
4.
In paragraph 6 of the affidavit
in opposition, Jacob Aryee
deposed to the fact that the
Respondents were also given
copies of the judgment of the 27th
March 2014.
Learned counsel for the
Respondents, Mrs. Sylvia Cudjoe
reiterated and emphasized the
above grounds in her submissions
before the court and urged us to
refuse the application.
In considering the merits of the
instant application, we have
taken into account all the
depositions and arguments of
learned counsel in the matter.
We have also taken note of the
fact that the appeal record is
before this court for
adjudication of the appeal filed
by the Applicant. It is the
determination of the appeal that
has led to the discovery of this
mess in the Court of Appeal
Registry. In order for us as the
apex court to be seen to do
justice to all persons who
access justice, it is only fair
that this Application be granted
especially as can be seen from
the depositions of the
Respondent’s in opposition to
this application, they also had
certified true copies of this 27th
March, 2014 judgment of the
Court of Appeal. It is
accordingly ordered that the
judgment dated 27th
March, 2014 be hereby accepted
as one of the judgments forming
part of the record of the appeal
before this Court for the
hearing and determination of the
appeal therein.
(SGD) V.J.M. DOTSE
JUSTICE OF THE SUPREME COURT
(SGD) N.S. GBADEGBE
JUSTICE OF THE SUPREME COURT
(SGD) V.
AKOTO-BAMFO (MRS)
JUSTICE
OF THE SUPREME COURT
(SGD) J.B. AKAMBA
JUSTICE OF THE SUPREME COURT
(SGD) G.
PWAMANG
JUSTICE
OF THE SUPREME COURT
COUNSEL:
GODFRED YEBOAH DAME FOR
APPLICANT.
MRS. SYLVIA CUDJOE FOR
RESPONDENT. |
