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HON. P. C. APPIAH-OFORI
V.
THE ATTORNEY GENERAL

(2010) JELR 68511 (SC)

Supreme Court 2 Jun 2010 Ghana
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- The Chief Justice dissents from the majority opinion and emphasizes the importance of subjecting admissions to close judicial scrutiny. - The retiring age of the Auditor-General is a constitutional matter and there is a gap in the Constit

Case Details

Suit Number:CIVIL APPEAL NO. J1/4/2007
Judges:WOOD (MRS) CJ (PRESIDING) (DISSENTING), ATUGUBA JSC, ANSAH JSC (DISSENTING), OWUSU (MS) JSC, DOTSE JSC (DISSENTING), YEBOAH JSC, BAFFOE-BONNIE JSC, GBADEGBE JSC, AKOTO-BAMFO (MRS) JSC
Counsel:FRANK BOAKYE AGYEN BOAKYE AGYEN CHAMBERS FOR THE PLAINTIFF; CECIL ADADEVOH SENIOR STATE ATTORNEY FOR THE DEFENDANT.

JUDGMENT

WOOD (MRS), CJ (DISSENTING)

Rarely do we find parties in litigation in agreement over issues of fact, let alone issues of law. The norm is for each side to dig their heels and refuse to move away from their respective entrenched positions. Not surprisingly, an open admission that an opponent is entitled to a relief sought is hardly heard of. For which reason, none of those useful procedures provided under the rules of court, for the expeditious but altogether just resolution of disputes, hardly work in our jurisdiction. Thus, applications for summary judgment or judgment on admissions, motions to have claims or defences struck out on grounds of non disclosure of a reasonable claim or a defence-procedures for achieving judicial economy-are usually met with stiff opposition. Indeed, getting parties who are before the superior courts to the Alternative Dispute Resolution (ADR) table may be likened to the biblical proverbial expression of having a camel pass through a needle’s eye.…

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