Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



MOST REV. DR. ROBERT ABOAGYE MENSAH & 3 ORS
V.
YAW BOAKYE

(2021) JELR 109031 (SC)    
Supreme Court  ·  J7/08/2021 ·  20 May 2021 ·  Ghana
CORAM
APPAU JSC (PRESIDING), PROF. KOTEY JSC, AMADU JSC

Ratio Decidendi

Core Terms Beta
court
parties
applicant
terms of settlement
article
constitution
single justice
adoption of the terms of settlement
jurisdiction
order
registry of this court
supreme court
consent judgment of the parties
exceptional circumstances
single justice of this court
decision of a cause
high court
instant application
single justice of the supreme court
agreed terms
amicable settlement of the issues
central services co ltd.
civil matters
constitutional provision
constitutional requirement
ex-parte deborah atakorah
following terms
ground of the application
honourable court
interested parties
interested party
justices of the supreme court
mensah v
order of adoption
review application
review motion no. j7/7/2014
review of a ruling of a single justice
said terms of settlement
settled court practice
specific procedural rules
standard chartered bank

RULING 

AMADU JSC

(1) This is a review application at the instance of the Defendant/Respondent/Appellant/Applicant (hereinafter referred to as “the Applicant”) pursuant to Article 134(b) of the 1992 Constitution. The ground of the application  is that this Court constituted by a single justice as provided under Article 134 of  the 1992 Constitution lacked the jurisdiction to adopt the terms of settlement  executed between the Plaintiffs/Appellants/Respondents/ Respondents  (hereinafter referred to as “the Respondents”) and the Applicant. The Terms of  Settlement signed by the parties on 1st July, 2014 was filed in the Registry of this  Court on 11th September, 2014. Subsequently, in order to secure the adoption of the terms of settlement as agreed by the parties, the Applicant filed an application  in the registry of this Court headed in the following terms: 

“MOTION ON NOTICE: APPLICATION FOR TERMS OF  SETTLEMENT FILED ON 11TH SEPTEMBER, 2014 TO BE ADOPTED  AS THE CONSENT JUDGMENT OF T…

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