Ratio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



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

(2021) JELR 109030 (SC)    
Supreme Court  ·  J8/83/2021 ·  21 Jul 2021 ·  Ghana
CORAM
APPAU JSC (PRESIDING), OWUSU JSC, L-JOHNSON JSC, HONYENUGA JSC, AMADU JSC

Ratio Decidendi

Core Terms Beta
court
applicants
respondent
consent judgment
high court
application
1st may
terms of settlement
office space
supreme court
litigation of issues
single justice
21st january
abuse of the process
cedi equivalent of us
court of appeal
ex parte forson
judgment of the court of appeal
lower court
outstanding obligations of the respondent
own judgments
registry of this court
terms
agreed terms
applicants’ action
attorney-general interested party
constitutional issue
constitutional provision
decision of the high court
effect of article
enforcement of a judgment
execution of terms of settlement
existing rules of procedure
favour of the applicants
judgment of the court of appeal
non-payment of rent
obligations of the applicants
opinion of benin jsc
order of interim preservation
paucity of decisions of this court
pendency of that appeal
provisions of section
respected brother pwamang jsc
respondent’s application
respondent’s view
said application
single justice of this court
socks factory limited
subject matter of dispute

RULING

AMADU JSC

INTRODUCTION 

(1) The key question for determination in this application is not entirely novel, yet recondite because the paucity of decisions of this Court have not settled the question whether or not within the meaning and effect of Article 129(4) of 1992 Constitution, this Court has the power to enforce its own judgments and orders without necessarily referring same to any lower court.

BACKGROUND FACTS 

(2) On 17th October, 2008 the Plaintiffs/Appellants/Respondents/ Applicants (hereinafter referred to as “the Applicants”), acting in their capacity as executors and trustees of the Late Edward Osei Boakye (hereinafter referred to as “the deceased”), issued a writ of summons against the Defendant/Respondent/Appellant/Respondent (hereinafter referred to as “the Respondent”). By this writ, the Applicants challenged the validity of a letter dated 21st January, 2008 addressed by the executors of the estate of the deceased to the Respondent authorizing him to enter p…

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