EX-CHIEF INSPECTOR ADAMS KYEI
V.
INSPECTOR GENERAL OF POLICE

(2018) JELR 65518 (CA)    
Court of Appeal  ·  CIVIL SUIT NO: H1/127/2017 ·  15 Mar 2018 ·  Ghana
CORAM
M. OWUSU (J.A.) – PRESIDING, HONYENUGA (J.A.), TORKORNOO (J.A.)
Core Terms Beta
plaintiff
service enquiry
counsel
adjudicating officer
formal proceedings
trial judge
central disciplinary board
defendant
police service
record of proceedings
totality of the evidence
cross-examination
dismissal of the plaintiff
exhibits
plaintiff’s claim
trial court
fast track division
ghana police service
high court
statement of claim
unregistered toyota camry saloon car
airport police station
anthony golo
bni officer
brief background of the case
call counsel
chief inspector of police
court of appeal
criminal investigation
decision of the high court
earlier decision
economic crimes court
entire record
evaluation of the evidence
evidence act
favour of the plaintiff
following grounds
misconduct of the plaintiff
owner of the subject matter of the enquiry
own private investigations
paragraph statement of claim
plaintiff’s claim fails
police service instructions
prosecution witnesses
purported dismissal of the plaintiff
review of the record of proceedings
trial high court judge

JUDGMENT

MARIAMA OWUSU, J.A.:

On 7th of April, 2016, the High Court (Financial and Economic Crimes Court 1) Accra, dismissed the plaintiff’s claim as not proved.

In her judgment, the trial High Court Judge stated among other things as follows:

“The totality of the evidence adduced and the exhibits tendered all indicate clearly that the plaintiff was given a hearing and that due process was adhered to. It also confirms that the Service Enquiry was properly held as all the parties were given the opportunity to be heard and were heard. The law requires that a person be given the opportunity to be heard. It does not compel a person to speak hence there is a right to silence or not to speak to a charge or complaint. Once it is evident that a party was given the chance or opportunity to be heard, the law deems that he has been given a hearing.

I have carefully evaluated the totality of the evidence led and come to the conclusion that the dismissal of the plaintiff was not wrongful but in accorda…

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 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login