Customer Support

CHAPEL HILL SCHOOL LTD.
V.
THE ATTORNEY GENERAL & ANOR.

(2009) JELR 68481 (SC)

Supreme Court 22 Jul 2009 Ghana
BriefBot icon

BriefBot Summary

Free

- The central issue in this case is the meaning of "educational institution of a public character" in the context of the Income Tax Act 1975 and the Internal Revenue Act, 2000. - The Court of Appeal wrongly focused on whether the plaintiff

Case Details

Suit Number:CIVIL APPEAL NO. J4/25/2009
Judges:ATUGUBA JSC (PRESIDING), AKUFFO (MS) JSC, DATE-BAH (DR.) JSC, OWUSU (MS) JSC, B. BONNIE JSC
Counsel:JOHN MERCER FOR THE APPELLANT JONATHAN ANTWI FOR THE 2ND RESPONDENT
Other Citations:(2009) JELR 68453 (SC), (2009) JELR 92151 (SC)

DR. DATE-BAH JSC

Introduction

The central issue in this case is the meaning to be given to the expression “educational institution of a public character” within the context of the Income Tax Act 1975 (SMCD 5) and the Internal Revenue Act, 2000 (Act 592). Unfortunately, the Court of Appeal wrongly characterised this central issue in terms of whether the plaintiff school qualifies as a public school. It accordingly addressed the wrong issue when it sought to establish a dictionary meaning for “public school” and “private school”, respectively.

It seems clear that an educational institution may be characterised as being of a public character, although it is privately owned. This much is clear from the Privy Council cases of Dilworth and Ors v. The Commissioner of Stamps; Dilworth and Ors v. The Commissioner for Land and Income Tax. [1899] AC 99. These two consolidated cases were heard on appeal from the Court of Appeal of New Zealand. In these cases, where a wealthy testator made a gift for…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.