AMA SERWAA
V.
GARIBA HASHIMU & ISSAKA HASHIMU

(2021) JELR 107901 (SC)

Supreme Court · J4/31/2020 · 14 Apr 2021 · Ghana

CORAM

A. LOVELACE–JOHNSON (MS.) A. M. A. DORDZIE (MRS.) V. J. M. DOTSE E. YONNY KULENDI

Ratio Decidendi

Core Terms ^Beta

plaintiff

defendant

court of appeal

appeal

case

trial court

2nd defendant

notice of appeal

points of law

weight of evidence

omnibus ground

supreme court

1st defendant

cause of action

breach of promise

grounds of appeal

commercial sex work

general damages

instant appeal

legality of prostitution

omnibus ground of appeal

error of law

honourable court

statement of defence

consent judgment

general rule

high court

issue of the legality

judgment of the court of appeal

legal arguments

legality of the cause of action

advantage of others

basic facts

decision of the high court

defendant’s urging

following grounds

hearsay evidence

islamic law

issue of the fresh legal point

knowledge of the appellant

lack of proper appraisal of the evidence

leave of the appellate court

part of the written submissions of the 2nd defendant

plaintiff’s money

return forms part of defendant

rules of evidence

such legal issues

such notice of appeal

very jurisdiction of the trial court

written submission of the respondent

JUDGMENT

PROF MENSA-BONSU (MRS.), JSC

This is a case which appears simple on its face, but which is not so, in reality, having arisen out of the relations of two migrant workers from Ghana who met and cohabited as a couple, in Napoli, Italy. The female believed they were in an amorous relationship and that marriage between them was imminent, whilst the male had other ideas and therefore initially disputed the basis of the belief of the existence of an amorous relationship. There is thus a mix of love, commercial sex work, misplaced trust, manipulation of the system and intrigue, to the befuddlement of lawyers and judges alike.

Although presented as one case, it actually consists of a total of three cases in the High Court; and an appeal to the Court of Appeal, which has culminated in the instant appeal to this honourable court. The equitable maxim “Equity will not suffer a wrong to be without a remedy” is a maxim that has been brought to life and prayed in aid in order to do justice for…

AMA SERWAA V. GARIBA HASHIMU & ISSAKA HASHIMU

JUDGMENT

AMA SERWAA
V.
GARIBA HASHIMU & ISSAKA HASHIMU