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EDMUND OCANSEY
V.
THE TENANT (JOYCE), NII LARYEA LARYEA AND CHERIE A. ANKRAH

(2016) JELR 67758 (CA)

Court of Appeal 14 Jul 2016 Ghana
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- The plaintiff's suit against the defendants was dismissed by the High Court. - The Court of Appeal is binding on the High Court and all lower courts. - The High Court determined that it was not competent to determine the suit. - The plain

Case Details

Suit Number:CIVIL SUIT NO.H1/231/2014
Judges:M. OWUSU (J.A.) – PRESIDING, DORDZIE (J.A.), KWOFIE (J.A.)
Counsel:MR. AHUMA OCANSEY FOR APPELLANT ,MR. GEORGE GARDINER FOR RESPONDENT

JUDGMENT

MARIAMA OWUSU, J.A.:

On the 24th day of October, 2011, the High Court, Accra, dismissed the plaintiff’s suit against the defendants. The Court held among other things as follows:

“It is an elementary principle of law known to all law students that the decisions of the Court of Appeal are binding on the High Court and all lower Courts and I am precluded from hearing and determining a matter that had already been decided by the Court of Appeal.

I will therefore answer the first issue and say that this Court is not competent to determine this suit.

Order 33 rule 5 provides as follows:

“Where it appears to the Court that the decision on any question or issue arising in any cause or matters and tried separately from the main cause or matter substantially disposes of the cause or matter or renders trial of the main cause or matter unnecessary, it may dismiss the cause or matter or make such other order or give such judgment as may be just.”

From the conclusions I have arrived at on the is…

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