ADADE JSC.: I have been privileged to read in advance the opinions of my brothers Abban and Amua-Sekyi JJSC soon to be read, and I am in complete agreement with them that the appeal lacks merit, and ought to be dismissed.
There is, however, one aspect of the matter on which I wish to comment, that is the absence from the record of appeal of the reasoned opinion or judgment of the trial judge. It is a serious matter which should not be glossed over lightly.
When the then Chief Justice’s attention was drawn to this defect whilst the case was pending on appeal before the Court of Appeal, he directed, administratively, that the case be sent back to the High Court to be heard de novo. Admittedly, the Chief Justice’s intentions were admirable; unfortunately he tripped on the law, as was pointed out by Lamptey JA in his ruling of 18 December 1987 in Klu v. Kwantreng [1989-90] 1 GLR 135.
But the impression must on no account be created that because an appeal is by way of a rehearing, the reasone…