Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



HANSEN KWADWO KODUAH
V.
GENERAL LEGAL COUNCIL AND 1 OTHER

(2017) JELR 69569 (CA)    
Court of Appeal  ·  CIVIL APPEAL SUIT NO: H3/117/2017 ·  8 Feb 2017 ·  Ghana
CORAM
V. OFOE JA, B. ACKAH-YENSU JA, C. SOWAH JA

Ratio Decidendi

Core Terms Beta
court
applicant
application
court of appeal
decision
legal profession act
respondent
single justice
lead judgment
ruling of the court
substantive appeal
disciplinary committee of the general legal council
general legal council
part of the appeal
respondents’ counsel
suo motu
supreme court
view of section
applicant’s submission
courts act
notice of appeal
said decision
view of the applicant
applicant’s case
applicant’s predicament
competence of the appeal file
court ought
court respondent
courts jurisdiction
decision of the single justice
earlier ruling
errors of law
full bench
issue of the jurisdiction of the single justice
main business
member panel justices of the court of appeal
nii nueh odonkor vrs
present case
respect of the right of appeal
rules of natural justice
said date
single justice of the court of appeal
stay of the orders of the disciplinary committee
stay orders of the single justice
trial of the substantive case

RULING

ACKAH-YENSU, JA

The Respondent/Appellant/Applicant (the “Applicant”) is praying the Court to set aside its decision dated 2nd November 2016 (the Court differently constituted). The said decision/ruling overturned an earlier ruling by a single Justice of the Court of Appeal.

Background

On 29th July, 2016 the Court of Appeal, constituted by a single Justice exercising its jurisdiction under Article 138 of the 1992 Constitution and Section 12 (b) of the Courts Act, 1994 (Act 459) granted a stay of the orders of the Disciplinary Committee of the General Legal Council pending the substantive appeal at the Court of Appeal.

In October 2016, the Respondents herein filed an application invoking the “reconsideration jurisdiction” of the three (3) member panel Justices of the Court of Appeal under Section 12 (b) of Act 459 and Article 138 of the Constitution.

The application was slated to be heard on the 2nd of November, 2016. However, on the said date, the Applicant could not attend court beca…

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