EAST DEDEKOTOPON DEVELOPMENT TRUST
V.
LA TRADITIONAL COUNCIL & 12 ORS

(2021) JELR 109111 (CA)    
Court of Appeal  ·  H1/79/2021 ·  16 Dec 2021 ·  Ghana
CORAM
SENYO DZAMEFE JA P. BRIGHT MENSAH JA JENNIFER DODOO JA
Core Terms Beta
lower court
learned judge
high court
supreme court
12th defendants
course of procedure
instant appeal
suo motu
fundamental error of law
la traditional council
trustees of the east dadekotopon development trust
10th defendants
1st defendant
lawful authority
nmati abonase quarter of la
point of law
respect of the said trust lands
ruling of the high court
ruling of the lower court
r v
stage of the proceedings
statement of law
suit no. j5
supporting affidavit
abuse of the court process
appeal raises
capacity of the trust
complimentary principles
controversial issues
crux of the claim of the appellant
exercise of his discretionary power
fair trial
given time
instant appeal raises
lack of jurisdiction
legal department
old rules
open court
plaintiff’s claim
plaintiff’s suit
plaintiff trust
record of appeal
records of the lower court
registry of the lower court
requisite capacity
said point of law
serious case
subject matter
view of the documentary evidence

JUDGMENT 

BRIGHT MENSAH, JA: 

I precede this judgment with the statement of law the Supreme Court handed down in Pobee,Tufuhene Elect of Apam v. Yoyoo [2013-2014] 1 SCGLR 208 @ 211 that runs as follows:

“……………. This appeal raises for our consideration, a point of law that is at the heart of our judicial system and the extent to which non-compliance with it, may have the effect of invalidating any decision rendered in a case where such a noncompliance did take place.  The said point of law is this:Whether a tribunal that has jurisdiction to determine a subject matter may be pursuing a course of procedure that denies a party to the cause the right to be heard, might thereby act in excess or lack of jurisdiction ……………………………………” 

         [emphasis underscored]

My Lords, we are being called upon in the instant appeal to consider whether the course of procedure the lower court adopted in dismissing the suit was appropriate and or proper.

As a matter of fact, this appeal is launched against the …

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