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AMA SERWAA
V.
GARIBA HASHIMU & ISSAKA HASHIMU

(2021) JELR 107901 (SC)

Supreme Court 14 Apr 2021 Ghana
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- The Supreme Court held that the Court of Appeal erred by allowing the respondent to raise and argue new legal points (illegality of source of funds) on appeal without amendment of pleadings or leave of court, and without affording the app

Case Details

Suit Number:J4/31/2020
Judges:A. LOVELACE–JOHNSON (MS.) A. M. A. DORDZIE (MRS.) V. J. M. DOTSE E. YONNY KULENDI
Counsel:BOBBY BANSON ESQ FOR THE PLAINTIFF/RESPONDENT/APPELLANT. ALFRED AGYEI-MENSAH ESQ FOR THE 2ND DEFENDANT/APPELLANT/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…

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